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To amend sections 111.21, 111.22, 117.44, 133.01, | 1 |
133.27, 149.42, 301.01, 306.32, 306.321, 319.51, | 2 |
321.31, 321.32, 321.34, 345.01, 503.162, 503.25, | 3 |
503.26, 503.29, 503.41, 503.52, 504.06, 504.07, | 4 |
504.11, 504.12, 504.14, 504.19, 504.20, 505.03, | 5 |
505.04, 505.07, 505.108, 505.11, 505.17, 505.24, | 6 |
505.262, 505.31, 505.32, 505.33, 505.35, 505.37, | 7 |
505.373, 505.47, 505.511, 505.73, 505.86, 507.01, | 8 |
507.02, 507.021, 507.03, 507.04, 507.05, 507.051, | 9 |
507.06, 507.07, 507.08, 507.09, 507.11, 509.02, | 10 |
511.21, 511.22, 511.33, 513.04, 515.02, 515.04, | 11 |
515.081, 515.12, 517.05, 517.06, 517.07, 519.12, | 12 |
519.16, 519.161, 519.211, 521.02, 521.03, 703.201, | 13 |
707.28, 709.023, 709.024, 709.03, 709.033, 709.46, | 14 |
711.05, 711.10, 715.691, 715.70, 715.71, 715.75, | 15 |
715.76, 971.05, 971.06, 971.08, 971.09, 971.12, | 16 |
971.35, 971.36, 1341.16, 1533.13, 1710.02, | 17 |
2927.21, 3381.03, 3501.37, 3513.253, 3517.10, | 18 |
3709.30, 3734.025, 3734.026, 3734.57, 4301.80, | 19 |
4303.26, 4928.20, 4929.26, 4929.27, 5123.19, | 20 |
5126.021, 5541.02, 5543.05, 5552.10, 5571.04, | 21 |
5571.16, 5573.13, 5573.211, 5575.04, 5575.09, | 22 |
5579.08, 5705.01, 5709.73, 5735.27, and 5747.061 | 23 |
of the Revised Code to replace the name "township | 24 |
clerk" with the name "township fiscal officer" and | 25 |
to require a township zoning referendum to be | 26 |
voted upon at a special election to be held on the | 27 |
day of the next primary or general election that | 28 |
occurs at least 75 days after the referendum | 29 |
petition is filed, regardless of whether any | 30 |
election will be held to nominate or elect | 31 |
candidates on that day. | 32 |
Section 1. That sections 111.21, 111.22, 117.44, 133.01, | 33 |
133.27, 149.42, 301.01, 306.32, 306.321, 319.51, 321.31, 321.32, | 34 |
321.34, 345.01, 503.162, 503.25, 503.26, 503.29, 503.41, 503.52, | 35 |
504.06, 504.07, 504.11, 504.12, 504.14, 504.19, 504.20, 505.03, | 36 |
505.04, 505.07, 505.108, 505.11, 505.17, 505.24, 505.262, 505.31, | 37 |
505.32, 505.33, 505.35, 505.37, 505.373, 505.47, 505.511, 505.73, | 38 |
505.86, 507.01, 507.02, 507.021, 507.03, 507.04, 507.05, 507.051, | 39 |
507.06, 507.07, 507.08, 507.09, 507.11, 509.02, 511.21, 511.22, | 40 |
511.33, 513.04, 515.02, 515.04, 515.081, 515.12, 517.05, 517.06, | 41 |
517.07, 519.12, 519.16, 519.161, 519.211, 521.02, 521.03, 703.201, | 42 |
707.28, 709.023, 709.024, 709.03, 709.033, 709.46, 711.05, 711.10, | 43 |
715.691, 715.70, 715.71, 715.75, 715.76, 971.05, 971.06, 971.08, | 44 |
971.09, 971.12, 971.35, 971.36, 1341.16, 1533.13, 1710.02, | 45 |
2927.21, 3381.03, 3501.37, 3513.253, 3517.10, 3709.30, 3734.025, | 46 |
3734.026, 3734.57, 4301.80, 4303.26, 4928.20, 4929.26, 4929.27, | 47 |
5123.19, 5126.021, 5541.02, 5543.05, 5552.10, 5571.04, 5571.16, | 48 |
5573.13, 5573.211, 5575.04, 5575.09, 5579.08, 5705.01, 5709.73, | 49 |
5735.27, and 5747.061 of the Revised Code be amended to read as | 50 |
follows: | 51 |
Sec. 111.21. The secretary of state shall: | 52 |
(A) Make and keep a record of all elections and the votes | 53 |
cast
| 54 |
and counties upon all questions of electing charter commissions, | 55 |
of adopting charters or amendments
| 56 |
adopting additional laws or alternative forms of government, of | 57 |
transferring powers to counties, and of withdrawing or revoking | 58 |
59 |
(B) File and preserve all reports, certificates, and copies | 60 |
of agreements
| 61 |
popular vote or otherwise, and of charters, as permanent public | 62 |
records of the state; | 63 |
(C) Establish regulations prescribing the forms, times, | 64 |
certifications, details, and other particulars or conditions | 65 |
governing the fiscal officers of townships and the clerks of | 66 |
municipal corporations,
| 67 |
of county commissioners in reporting and certifying the papers and | 68 |
information necessary for the records and files of the secretary | 69 |
of state.
| 70 |
or more duplicates of the text of all charters and amendments, and | 71 |
of all transfer agreements, one of each of which it shall be the | 72 |
duty of the secretary of state to verify and deposit in the | 73 |
library of the supreme court. | 74 |
Sec. 111.22. The fiscal officer of every township and the | 75 |
clerk of every municipal corporation,
| 76 |
elections, and board of county commissioners shall: | 77 |
(A) Furnish and certify to the secretary of state all copies | 78 |
of resolutions, ordinances, other instruments, portions of public | 79 |
records, and other information as the secretary of state requires; | 80 |
and | 81 |
(B) Furnish and certify duplicate copies of so much of each | 82 |
item as the
secretary of state prescribes to the clerk of
| 83 |
the court of common pleas and the law library of the county | 84 |
affected. | 85 |
Sec. 117.44. To enhance local officials' background and | 86 |
working knowledge of government accounting, budgeting and | 87 |
financing, financial report preparation, and the rules adopted by | 88 |
the auditor of state, the auditor of state shall hold training | 89 |
programs for persons elected for the first time as township
| 90 |
fiscal officers, city auditors, and village clerks, between the | 91 |
first day of December and the first day of April immediately | 92 |
following a general election for any of these offices. Similar | 93 |
training may also be provided to any township | 94 |
officer, city auditor, or village clerk who is appointed to fill a | 95 |
vacancy or who is elected in a special election. | 96 |
The auditor of state also shall develop and provide an annual | 97 |
training program of continuing education for village clerks. | 98 |
The auditor of state shall determine the manner, content, and | 99 |
length of the training programs after consultation with | 100 |
appropriate statewide organizations of local governmental | 101 |
officials. The auditor of state shall charge the political | 102 |
subdivisions that the trainees represent a registration fee that | 103 |
will meet actual and necessary expenses of the training, including | 104 |
instructor fees, site acquisition costs, and the cost of course | 105 |
materials. The necessary personal expenses incurred by the | 106 |
officials as a result of attending the training program shall be | 107 |
borne by the political subdivisions they represent. | 108 |
The auditor of state shall allow any other interested person | 109 |
to attend any of the training programs that the auditor of state | 110 |
holds pursuant to this section; provided, that before attending | 111 |
any such training program, the interested person shall pay to the | 112 |
auditor of state the full registration fee that the auditor of | 113 |
state has set for the training program. | 114 |
The auditor of state may provide any other appropriate | 115 |
training or educational programs that may be developed and offered | 116 |
by the auditor of state or in collaboration with one or more other | 117 |
state agencies, political subdivisions, or other public or private | 118 |
entities. | 119 |
There is hereby established in the state treasury the auditor | 120 |
of state training program fund, to be used by the auditor of state | 121 |
for the actual and necessary expenses of any training programs | 122 |
held pursuant to this section, section 117.441, or section 321.46 | 123 |
of the Revised Code. All registration fees collected under this | 124 |
section shall be paid into the fund. | 125 |
Sec. 133.01. As used in this chapter, in sections 9.95, | 126 |
9.96, and 2151.655 of the Revised Code, in other sections of the | 127 |
Revised Code that make reference to this chapter unless the | 128 |
context does not permit, and in related proceedings, unless | 129 |
otherwise expressly provided: | 130 |
(A) "Acquisition" as applied to real or personal property | 131 |
includes, among other forms of acquisition, acquisition by | 132 |
exercise of a purchase option, and acquisition of interests in | 133 |
property, including, without limitation, easements and | 134 |
rights-of-way, and leasehold and other lease interests initially | 135 |
extending or extendable for a period of at least sixty months. | 136 |
(B) "Anticipatory securities" means securities, including | 137 |
notes, issued in anticipation of the issuance of other securities. | 138 |
(C) "Board of elections" means the county board of elections | 139 |
of the county in which the subdivision is located. If the | 140 |
subdivision is located in more than one county, "board of | 141 |
elections" means the county board of elections of the county that | 142 |
contains the largest portion of the population of the subdivision | 143 |
or that otherwise has jurisdiction in practice over and | 144 |
customarily handles election matters relating to the subdivision. | 145 |
(D) "Bond retirement fund" means the bond retirement fund | 146 |
provided for in section 5705.09 of the Revised Code, and also | 147 |
means a sinking fund or any other special fund, regardless of the | 148 |
name applied to it, established by or pursuant to law or the | 149 |
proceedings for the payment of debt charges. Provision may be made | 150 |
in the applicable proceedings for the establishment in a bond | 151 |
retirement fund of separate accounts relating to debt charges on | 152 |
particular securities, or on securities payable from the same or | 153 |
common sources, and for the application of moneys in those | 154 |
accounts only to specified debt charges on specified securities or | 155 |
categories of securities. Subject to law and any provisions in the | 156 |
applicable proceedings, moneys in a bond retirement fund or | 157 |
separate account in a bond retirement fund may be transferred to | 158 |
other funds and accounts. | 159 |
(E) "Capitalized interest" means all or a portion of the | 160 |
interest payable on securities from their date to a date stated or | 161 |
provided for in the applicable legislation, which interest is to | 162 |
be paid from the proceeds of the securities. | 163 |
(F) "Chapter 133. securities" means securities authorized by | 164 |
or issued pursuant to or in accordance with this chapter. | 165 |
(G) "County auditor" means the county auditor of the county | 166 |
in which the subdivision is located. If the subdivision is located | 167 |
in more than one county, "county auditor" means the county auditor | 168 |
of the county that contains the highest amount of the tax | 169 |
valuation of the subdivision or that otherwise has jurisdiction in | 170 |
practice over and customarily handles property tax matters | 171 |
relating to the subdivision. In the case of a county that has | 172 |
adopted a charter, "county auditor" means the officer who | 173 |
generally has the duties and functions provided in the Revised | 174 |
Code for a county auditor. | 175 |
(H) "Credit enhancement facilities" means letters of credit, | 176 |
lines of credit, stand-by, contingent, or firm securities purchase | 177 |
agreements, insurance, or surety arrangements, guarantees, and | 178 |
other arrangements that provide for direct or contingent payment | 179 |
of debt charges, for security or additional security in the event | 180 |
of nonpayment or default in respect of securities, or for making | 181 |
payment of debt charges to and at the option and on demand of | 182 |
securities holders or at the option of the issuer or upon certain | 183 |
conditions occurring under put or similar arrangements, or for | 184 |
otherwise supporting the credit or liquidity of the securities, | 185 |
and includes credit, reimbursement, marketing, remarketing, | 186 |
indexing, carrying, interest rate hedge, and subrogation | 187 |
agreements, and other agreements and arrangements for payment and | 188 |
reimbursement of the person providing the credit enhancement | 189 |
facility and the security for that payment and reimbursement. | 190 |
(I) "Current operating expenses" or "current expenses" means | 191 |
the lawful expenditures of a subdivision, except those for | 192 |
permanent improvements and for payments of debt charges of the | 193 |
subdivision. | 194 |
(J) "Debt charges" means the principal, including any | 195 |
mandatory sinking fund deposits and mandatory redemption payments, | 196 |
interest, and any redemption premium, payable on securities as | 197 |
those payments come due and are payable. The use of "debt charges" | 198 |
for this purpose does not imply that any particular securities | 199 |
constitute debt within the meaning of the Ohio Constitution or | 200 |
other laws. | 201 |
(K) "Financing costs" means all costs and expenses relating | 202 |
to the authorization, including any required election, issuance, | 203 |
sale, delivery, authentication, deposit, custody, clearing, | 204 |
registration, transfer, exchange, fractionalization, replacement, | 205 |
payment, and servicing of securities, including, without | 206 |
limitation, costs and expenses for or relating to publication and | 207 |
printing, postage, delivery, preliminary and final official | 208 |
statements, offering circulars, and informational statements, | 209 |
travel and transportation, underwriters, placement agents, | 210 |
investment bankers, paying agents, registrars, authenticating | 211 |
agents, remarketing agents, custodians, clearing agencies or | 212 |
corporations, securities depositories, financial advisory | 213 |
services, certifications, audits, federal or state regulatory | 214 |
agencies, accounting and computation services, legal services and | 215 |
obtaining approving legal opinions and other legal opinions, | 216 |
credit ratings, redemption premiums, and credit enhancement | 217 |
facilities. Financing costs may be paid from any moneys available | 218 |
for the purpose, including, unless otherwise provided in the | 219 |
proceedings, from the proceeds of the securities to which they | 220 |
relate and, as to future financing costs, from the same sources | 221 |
from which debt charges on the securities are paid and as though | 222 |
debt charges. | 223 |
(L) "Fiscal officer" means the following, or, in the case of | 224 |
absence or vacancy in the office, a deputy or assistant authorized | 225 |
by law or charter to act in the place of the named officer, or if | 226 |
there is no such authorization then the deputy or assistant | 227 |
authorized by legislation to act in the place of the named officer | 228 |
for purposes of this chapter, in the case of the following | 229 |
subdivisions: | 230 |
(1) A county, the county auditor; | 231 |
(2) A municipal corporation, the city auditor or village | 232 |
clerk or clerk-treasurer, or the officer who, by virtue of a | 233 |
charter, has the duties and functions provided in the Revised Code | 234 |
for the city auditor or village clerk or clerk-treasurer; | 235 |
(3) A school district, the treasurer of the board of | 236 |
education; | 237 |
(4) A regional water and sewer district, the secretary of the | 238 |
board of trustees; | 239 |
(5) A joint township hospital district, the treasurer of the | 240 |
district; | 241 |
(6) A joint ambulance district, the clerk of the board of | 242 |
trustees; | 243 |
(7) A joint recreation district, the person designated | 244 |
pursuant to section 755.15 of the Revised Code; | 245 |
(8) A detention facility district or a district organized | 246 |
under section 2151.65 of the Revised Code or a combined district | 247 |
organized under sections 2152.41 and 2151.65 of the Revised Code, | 248 |
the county auditor of the county designated by law to act as the | 249 |
auditor of the district; | 250 |
(9) A township, a fire district organized under division (C) | 251 |
of section 505.37 of the Revised Code, or a township police | 252 |
district, the | 253 |
(10) A joint fire district, the clerk of the board of | 254 |
trustees of that district; | 255 |
(11) A regional or county library district, the person | 256 |
responsible for the financial affairs of that district; | 257 |
(12) A joint solid waste management district, the fiscal | 258 |
officer appointed by the board of directors of the district under | 259 |
section 343.01 of the Revised Code; | 260 |
(13) A joint emergency medical services district, the person | 261 |
appointed as fiscal officer pursuant to division (D) of section | 262 |
307.053 of the Revised Code; | 263 |
(14) A fire and ambulance district, the person appointed as | 264 |
fiscal officer under division (B) of section 505.375 of the | 265 |
Revised Code; | 266 |
(15) A subdivision described in division (MM)(17) of this | 267 |
section, the officer who is designated by law as or performs the | 268 |
functions of its chief fiscal officer. | 269 |
(M) "Fiscal year" has the same meaning as in section 9.34 of | 270 |
the Revised Code. | 271 |
(N) "Fractionalized interests in public obligations" means | 272 |
participations, certificates of participation, shares, or other | 273 |
instruments or agreements, separate from the public obligations | 274 |
themselves, evidencing ownership of interests in public | 275 |
obligations or of rights to receive payments of, or on account of, | 276 |
principal or interest or their equivalents payable by or on behalf | 277 |
of an obligor pursuant to public obligations. | 278 |
(O) "Fully registered securities" means securities in | 279 |
certificated or uncertificated form, registered as to both | 280 |
principal and interest in the name of the owner. | 281 |
(P) "Fund" means to provide for the payment of debt charges | 282 |
and expenses related to that payment at or prior to retirement by | 283 |
purchase, call for redemption, payment at maturity, or otherwise. | 284 |
(Q) "General obligation" means securities to the payment of | 285 |
debt charges on which the full faith and credit and the general | 286 |
property taxing power, including taxes within the tax limitation | 287 |
if available to the subdivision, of the subdivision are pledged. | 288 |
(R) "Interest" or "interest equivalent" means those payments | 289 |
or portions of payments, however denominated, that constitute or | 290 |
represent consideration for forbearing the collection of money, or | 291 |
for deferring the receipt of payment of money to a future time. | 292 |
(S) "Internal Revenue Code" means the "Internal Revenue Code | 293 |
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and | 294 |
includes any laws of the United States providing for application | 295 |
of that code. | 296 |
(T) "Issuer" means any public issuer and any nonprofit | 297 |
corporation authorized to issue securities for or on behalf of any | 298 |
public issuer. | 299 |
(U) "Legislation" means an ordinance or resolution passed by | 300 |
a majority affirmative vote of the then members of the taxing | 301 |
authority unless a different vote is required by charter | 302 |
provisions governing the passage of the particular legislation by | 303 |
the taxing authority. | 304 |
(V) "Mandatory sinking fund redemption requirements" means | 305 |
amounts required by proceedings to be deposited in a bond | 306 |
retirement fund for the purpose of paying in any year or fiscal | 307 |
year by mandatory redemption prior to stated maturity the | 308 |
principal of securities that is due and payable, except for | 309 |
mandatory prior redemption requirements as provided in those | 310 |
proceedings, in a subsequent year or fiscal year. | 311 |
(W) "Mandatory sinking fund requirements" means amounts | 312 |
required by proceedings to be deposited in a year or fiscal year | 313 |
in a bond retirement fund for the purpose of paying the principal | 314 |
of securities that is due and payable in a subsequent year or | 315 |
fiscal year. | 316 |
(X) "Net indebtedness" has the same meaning as in division | 317 |
(A) of section 133.04 of the Revised Code. | 318 |
(Y) "Obligor," in the case of securities or fractionalized | 319 |
interests in public obligations issued by another person the debt | 320 |
charges or their equivalents on which are payable from payments | 321 |
made by a public issuer, means that public issuer. | 322 |
(Z) "One purpose" relating to permanent improvements means | 323 |
any one permanent improvement or group or category of permanent | 324 |
improvements for the same utility, enterprise, system, or project, | 325 |
development or redevelopment project, or for or devoted to the | 326 |
same general purpose, function, or use or for which | 327 |
self-supporting securities, based on the same or different sources | 328 |
of revenues, may be issued or for which special assessments may be | 329 |
levied by a single ordinance or resolution. "One purpose" | 330 |
includes, but is not limited to, in any case any off-street | 331 |
parking facilities relating to another permanent improvement, and: | 332 |
(1) Any number of roads, highways, streets, bridges, | 333 |
sidewalks, and viaducts; | 334 |
(2) Any number of off-street parking facilities; | 335 |
(3) In the case of a county, any number of permanent | 336 |
improvements for courthouse, jail, county offices, and other | 337 |
county buildings, and related facilities; | 338 |
(4) In the case of a school district, any number of | 339 |
facilities and buildings for school district purposes, and related | 340 |
facilities. | 341 |
(AA) "Outstanding," referring to securities, means securities | 342 |
that have been issued, delivered, and paid for, except any of the | 343 |
following: | 344 |
(1) Securities canceled upon surrender, exchange, or | 345 |
transfer, or upon payment or redemption; | 346 |
(2) Securities in replacement of which or in exchange for | 347 |
which other securities have been issued; | 348 |
(3) Securities for the payment, or redemption or purchase for | 349 |
cancellation prior to maturity, of which sufficient moneys or | 350 |
investments, in accordance with the applicable legislation or | 351 |
other proceedings or any applicable law, by mandatory sinking fund | 352 |
redemption requirements, mandatory sinking fund requirements, or | 353 |
otherwise, have been deposited, and credited for the purpose in a | 354 |
bond retirement fund or with a trustee or paying or escrow agent, | 355 |
whether at or prior to their maturity or redemption, and, in the | 356 |
case of securities to be redeemed prior to their stated maturity, | 357 |
notice of redemption has been given or satisfactory arrangements | 358 |
have been made for giving notice of that redemption, or waiver of | 359 |
that notice by or on behalf of the affected security holders has | 360 |
been filed with the subdivision or its agent for the purpose. | 361 |
(BB) "Paying agent" means the one or more banks, trust | 362 |
companies, or other financial institutions or qualified persons, | 363 |
including an appropriate office or officer of the subdivision, | 364 |
designated as a paying agent or place of payment of debt charges | 365 |
on the particular securities. | 366 |
(CC) "Permanent improvement" or "improvement" means any | 367 |
property, asset, or improvement certified by the fiscal officer, | 368 |
which certification is conclusive, as having an estimated life or | 369 |
period of usefulness of five years or more, and includes, but is | 370 |
not limited to, real estate, buildings, and personal property and | 371 |
interests in real estate, buildings, and personal property, | 372 |
equipment, furnishings, and site improvements, and reconstruction, | 373 |
rehabilitation, renovation, installation, improvement, | 374 |
enlargement, and extension of property, assets, or improvements so | 375 |
certified as having an estimated life or period of usefulness of | 376 |
five years or more. The acquisition of all the stock ownership of | 377 |
a corporation is the acquisition of a permanent improvement to the | 378 |
extent that the value of that stock is represented by permanent | 379 |
improvements. A permanent improvement for parking, highway, road, | 380 |
and street purposes includes resurfacing, but does not include | 381 |
ordinary repair. | 382 |
(DD) "Person" has the same meaning as in section 1.59 of the | 383 |
Revised Code and also includes any federal, state, interstate, | 384 |
regional, or local governmental agency, any subdivision, and any | 385 |
combination of those persons. | 386 |
(EE) "Proceedings" means the legislation, certifications, | 387 |
notices, orders, sale proceedings, trust agreement or indenture, | 388 |
mortgage, lease, lease-purchase agreement, assignment, credit | 389 |
enhancement facility agreements, and other agreements, | 390 |
instruments, and documents, as amended and supplemented, and any | 391 |
election proceedings, authorizing, or providing for the terms and | 392 |
conditions applicable to, or providing for the security or sale or | 393 |
award of, public obligations, and includes the provisions set | 394 |
forth or incorporated in those public obligations and proceedings. | 395 |
(FF) "Public issuer" means any of the following that is | 396 |
authorized by law to issue securities or enter into public | 397 |
obligations: | 398 |
(1) The state, including an agency, commission, officer, | 399 |
institution, board, authority, or other instrumentality of the | 400 |
state; | 401 |
(2) A taxing authority, subdivision, district, or other local | 402 |
public or governmental entity, and any combination or consortium, | 403 |
or public division, district, commission, authority, department, | 404 |
board, officer, or institution, thereof; | 405 |
(3) Any other body corporate and politic, or other public | 406 |
entity. | 407 |
(GG) "Public obligations" means both of the following: | 408 |
(1) Securities; | 409 |
(2) Obligations of a public issuer to make payments under | 410 |
installment sale, lease, lease purchase, or similar agreements, | 411 |
which obligations bear interest or interest equivalent. | 412 |
(HH) "Refund" means to fund and retire outstanding | 413 |
securities, including advance refunding with or without payment or | 414 |
redemption prior to maturity. | 415 |
(II) "Register" means the books kept and maintained by the | 416 |
registrar for registration, exchange, and transfer of registered | 417 |
securities. | 418 |
(JJ) "Registrar" means the person responsible for keeping the | 419 |
register for the particular registered securities, designated by | 420 |
or pursuant to the proceedings. | 421 |
(KK) "Securities" means bonds, notes, certificates of | 422 |
indebtedness, commercial paper, and other instruments in writing, | 423 |
including, unless the context does not admit, anticipatory | 424 |
securities, issued by an issuer to evidence its obligation to | 425 |
repay money borrowed, or to pay interest, by, or to pay at any | 426 |
future time other money obligations of, the issuer of the | 427 |
securities, but not including public obligations described in | 428 |
division (GG)(2) of this section. | 429 |
(LL) "Self-supporting securities" means securities or | 430 |
portions of securities issued for the purpose of paying costs of | 431 |
permanent improvements to the extent that receipts of the | 432 |
subdivision, other than the proceeds of taxes levied by that | 433 |
subdivision, derived from or with respect to the improvements or | 434 |
the operation of the improvements being financed, or the | 435 |
enterprise, system, project, or category of improvements of which | 436 |
the improvements being financed are part, are estimated by the | 437 |
fiscal officer to be sufficient to pay the current expenses of | 438 |
that operation or of those improvements or enterprise, system, | 439 |
project, or categories of improvements and the debt charges | 440 |
payable from those receipts on securities issued for the purpose. | 441 |
Until such time as the improvements or increases in rates and | 442 |
charges have been in operation or effect for a period of at least | 443 |
six months, the receipts therefrom, for purposes of this | 444 |
definition, shall be those estimated by the fiscal officer, except | 445 |
that those receipts may include, without limitation, payments made | 446 |
and to be made to the subdivision under leases or agreements in | 447 |
effect at the time the estimate is made. In the case of an | 448 |
operation, improvements, or enterprise, system, project, or | 449 |
category of improvements without at least a six-month history of | 450 |
receipts, the estimate of receipts by the fiscal officer, other | 451 |
than those to be derived under leases and agreements then in | 452 |
effect, shall be confirmed by the taxing authority. | 453 |
(MM) "Subdivision" means any of the following: | 454 |
(1) A county, including a county that has adopted a charter | 455 |
under Article X, Ohio Constitution; | 456 |
(2) A municipal corporation, including a municipal | 457 |
corporation that has adopted a charter under Article XVIII, Ohio | 458 |
Constitution; | 459 |
(3) A school district; | 460 |
(4) A regional water and sewer district organized under | 461 |
Chapter 6119. of the Revised Code; | 462 |
(5) A joint township hospital district organized under | 463 |
section 513.07 of the Revised Code; | 464 |
(6) A joint ambulance district organized under section 505.71 | 465 |
of the Revised Code; | 466 |
(7) A joint recreation district organized under division (C) | 467 |
of section 755.14 of the Revised Code; | 468 |
(8) A detention facility district organized under section | 469 |
2152.41, a district organized under section 2151.65, or a combined | 470 |
district organized under sections 2152.41 and 2151.65 of the | 471 |
Revised Code; | 472 |
(9) A township police district organized under section 505.48 | 473 |
of the Revised Code; | 474 |
(10) A township; | 475 |
(11) A joint fire district organized under section 505.371 of | 476 |
the Revised Code; | 477 |
(12) A county library district created under section 3375.19 | 478 |
or a regional library district created under section 3375.28 of | 479 |
the Revised Code; | 480 |
(13) A joint solid waste management district organized under | 481 |
section 343.01 or 343.012 of the Revised Code; | 482 |
(14) A joint emergency medical services district organized | 483 |
under section 307.052 of the Revised Code; | 484 |
(15) A fire and ambulance district organized under section | 485 |
505.375 of the Revised Code; | 486 |
(16) A fire district organized under division (C) of section | 487 |
505.37 of the Revised Code; | 488 |
(17) Any other political subdivision or taxing district or | 489 |
other local public body or agency authorized by this chapter or | 490 |
other laws to issue Chapter 133. securities. | 491 |
(NN) "Taxing authority" means in the case of the following | 492 |
subdivisions: | 493 |
(1) A county, a county library district, or a regional | 494 |
library district, the board or boards of county commissioners, or | 495 |
other legislative authority of a county that has adopted a charter | 496 |
under Article X, Ohio Constitution, but with respect to such a | 497 |
library district acting solely as agent for the board of trustees | 498 |
of that district; | 499 |
(2) A municipal corporation, the legislative authority; | 500 |
(3) A school district, the board of education; | 501 |
(4) A regional water and sewer district, a joint ambulance | 502 |
district, a joint recreation district, a fire and ambulance | 503 |
district, or a joint fire district, the board of trustees of the | 504 |
district; | 505 |
(5) A joint township hospital district, the joint township | 506 |
hospital board; | 507 |
(6) A detention facility district or a district organized | 508 |
under section 2151.65 of the Revised Code, a combined district | 509 |
organized under sections 2152.41 and 2151.65 of the Revised Code, | 510 |
or a joint emergency medical services district, the joint board of | 511 |
county commissioners; | 512 |
(7) A township, a fire district organized under division (C) | 513 |
of section 505.37 of the Revised Code, or a township police | 514 |
district, the board of township trustees; | 515 |
(8) A joint solid waste management district organized under | 516 |
section 343.01 or 343.012 of the Revised Code, the board of | 517 |
directors of the district; | 518 |
(9) A subdivision described in division (MM)(17) of this | 519 |
section, the legislative or governing body or official. | 520 |
(OO) "Tax limitation" means the "ten-mill limitation" as | 521 |
defined in section 5705.02 of the Revised Code without diminution | 522 |
by reason of section 5705.313 of the Revised Code or otherwise, | 523 |
or, in the case of a municipal corporation or county with a | 524 |
different charter limitation on property taxes levied to pay debt | 525 |
charges on unvoted securities, that charter limitation. Those | 526 |
limitations shall be respectively referred to as the "ten-mill | 527 |
limitation" and the "charter tax limitation." | 528 |
(PP) "Tax valuation" means the aggregate of the valuations of | 529 |
property subject to ad valorem property taxation by the | 530 |
subdivision on the real property, personal property, and public | 531 |
utility property tax lists and duplicates most recently certified | 532 |
for collection, and shall be calculated without deductions of the | 533 |
valuations of otherwise taxable property exempt in whole or in | 534 |
part from taxation by reason of exemptions of certain amounts of | 535 |
taxable value under division (C) of section 5709.01 or section | 536 |
323.152 of the Revised Code, or similar laws now or in the future | 537 |
in effect. | 538 |
(QQ) "Year" means the calendar year. | 539 |
(RR) "Administrative agent," "agent," "commercial paper," | 540 |
"floating rate interest structure," "indexing agent," "interest | 541 |
rate hedge," "interest rate period," "put arrangement," and | 542 |
"remarketing agent" have the same meanings as in section 9.98 of | 543 |
the Revised Code. | 544 |
(SS) "Sales tax supported" means obligations to the payment | 545 |
of debt charges on which an additional sales tax or additional | 546 |
sales taxes have been pledged by the taxing authority of a county | 547 |
pursuant to section 133.081 of the Revised Code. | 548 |
Sec. 133.27. (A) Chapter 133. securities shall be signed on | 549 |
behalf of the subdivision as follows: | 550 |
(1) In the case of a municipal corporation, by the mayor or | 551 |
other chief executive officer and by the fiscal officer, or by | 552 |
553 | |
charter or legislation of its taxing authority; | 554 |
(2) In the case of a county, by at least two members of its | 555 |
taxing authority and by the county auditor, or, in the case of a | 556 |
charter county, by
| 557 |
designated to sign by the charter or legislation of its taxing | 558 |
authority; | 559 |
(3) In the case of a school district, by the president or | 560 |
vice-president of the board of education and by its fiscal | 561 |
officer; | 562 |
(4) In the case of a township, by at least two township | 563 |
trustees and by the township
| 564 |
(5) In the case of a subdivision not referred to in divisions | 565 |
(B)(1) to (4) of this section, by the officer of the subdivision | 566 |
or taxing authority designated to sign by other law or, if there | 567 |
is no
| 568 |
authorizing the securities. | 569 |
(B) If an officer designated to sign securities or interest | 570 |
coupons pursuant to division (A) or (E) of this section is for any | 571 |
reason unable or unavailable to so sign, another officer of the | 572 |
subdivision or taxing authority, designated by legislation passed | 573 |
by the taxing authority, may sign instead of that officer. | 574 |
(C) All signatures required by this section may be facsimile | 575 |
signatures as provided for by sections 9.10, 9.11, and 9.96 of the | 576 |
Revised Code, unless the securities are issued in other than fully | 577 |
registered form, in which case at least one
| 578 |
be a manual signature. | 579 |
(D) If an officer who has signed, manually or by facsimile | 580 |
signature, any securities of a subdivision ceases to be such | 581 |
officer before the securities so signed have been actually | 582 |
delivered, the securities may nevertheless be issued and delivered | 583 |
as though the person who has so signed the securities had not | 584 |
ceased to be such officer. Any securities may be signed as | 585 |
provided in this section, on behalf of the subdivision, by an | 586 |
officer who is the proper officer of the subdivision or taxing | 587 |
authority on the actual date of signing of the securities, | 588 |
notwithstanding the fact that at the date of the securities or on | 589 |
the date of delivery of the securities that person was or is not | 590 |
591 |
(E) Securities, other than fully registered securities, may, | 592 |
in the discretion of the taxing authority, have interest coupons | 593 |
attached or otherwise appertaining. The interest coupons shall be | 594 |
signed on behalf of the subdivision by the manual or facsimile | 595 |
signature of its fiscal officer. | 596 |
Sec. 149.42. There is hereby created in each township a | 597 |
township records commission, composed of the
| 598 |
of the board of township trustees and the
| 599 |
the township. The commission shall meet at least once every twelve | 600 |
months, and upon call of the chairperson. | 601 |
The function of the commission shall be to review | 602 |
applications for one-time records disposal and schedules of | 603 |
records retention and disposition submitted by township offices. | 604 |
Records may be disposed of by the commission pursuant to the | 605 |
procedure outlined in this section. The commission may at any time | 606 |
review any schedule it has previously approved, and for good cause | 607 |
shown may revise that schedule. | 608 |
When township records have been approved for disposal, a list | 609 |
of
| 610 |
auditor of state disapproves of the action by the commission, in | 611 |
whole or in part, the auditor of state shall so inform the | 612 |
commission within a period of sixty days, and these records shall | 613 |
not be destroyed. Before public records are disposed of, the Ohio | 614 |
historical society shall be informed and given the opportunity for | 615 |
a period of sixty days to select
for its custody
| 616 |
records
| 617 |
Sec. 301.01. When a petition, memorial, or remonstrance is | 618 |
presented to the general assembly for or against the erection of a | 619 |
new county, or for the location or relocation of a county seat, | 620 |
the petitioners must be eighteen years of age and resident | 621 |
taxpayers or voters within the several townships in which they | 622 |
reside. The petition shall set forth the name of the township and | 623 |
county in which the petitioners reside, and that their residence | 624 |
is within or out of the bounds of the proposed new county, as the | 625 |
case may be. The foregoing requirements shall be proven by the | 626 |
certificate of a township
| 627 |
respectable freeholder or voter, certified by a person authorized | 628 |
to administer oaths.
| 629 |
the petition, memorial, or remonstrance the number of signers | 630 |
there were to
| 631 |
oath. | 632 |
Sec. 306.32. Any county, or any two or more counties, | 633 |
municipal corporations,
or townships, or any combination
| 634 |
of these, may create a regional transit authority by the adoption | 635 |
of a resolution or ordinance by the board of county commissioners | 636 |
of each county, the legislative authority of each municipal | 637 |
corporation, and the board of township trustees of each township | 638 |
which is to create or to join in the creation of the regional | 639 |
transit authority.
| 640 |
(A) The necessity for the creation of a regional transit | 641 |
authority; | 642 |
(B) The counties, municipal corporations, or townships which | 643 |
are to create or to join in the creation of the regional transit | 644 |
authority; | 645 |
(C) The official name by which the regional transit authority | 646 |
shall be known; | 647 |
(D) The place in which the principal office of the regional | 648 |
transit authority will be located or the manner in which it may be | 649 |
selected; | 650 |
(E) The number, term, and compensation, or method for | 651 |
establishing compensation, of the members of the board of trustees | 652 |
of the regional transit authority. Compensation shall not exceed | 653 |
fifty dollars for each board and committee meeting attended by a | 654 |
member, except that if compensation is provided annually it shall | 655 |
not exceed six thousand dollars for the president of the board or | 656 |
four thousand eight hundred dollars for each other board member. | 657 |
(F) The manner in which vacancies on the board of trustees of | 658 |
the regional transit authority shall be filled; | 659 |
(G) The manner and to what extent the expenses of the | 660 |
regional transit authority shall be apportioned among the | 661 |
counties, municipal corporations, and townships creating it; | 662 |
(H) The purposes, including the kinds of transit facilities, | 663 |
for which the regional transit authority is organized. | 664 |
The regional transit authority provided for in
| 665 |
resolution or ordinance shall be deemed to be created upon the | 666 |
adoption of
| 667 |
county commissioners of each county, the legislative authority of | 668 |
each municipal corporation, and the board of township trustees of | 669 |
each township enumerated in the resolution or ordinance. | 670 |
The resolution or ordinance creating a regional transit | 671 |
authority may be amended to include additional counties, municipal | 672 |
corporations, or townships or for any other purpose, by the | 673 |
adoption of
| 674 |
commissioners of each county, the legislative authority of each | 675 |
municipal corporation, and the board of township trustees of each | 676 |
township which has created or joined or proposes to join the | 677 |
regional transit authority. | 678 |
After each county, municipal corporation, and township which | 679 |
has created or joined or proposes to join the regional transit | 680 |
authority has adopted its resolution or ordinance approving | 681 |
inclusion of additional counties, municipal corporations, or | 682 |
townships in
| 683 |
684 | |
board of the county commissioners of each county, the clerk of the | 685 |
legislative authority of each municipal corporation, and the | 686 |
fiscal officer of the board of trustees of each township proposed | 687 |
to be included in
the regional
transit authority.
| 688 |
inclusion is effective when all such filing has been completed, | 689 |
unless the regional transit authority to which territory is to be | 690 |
added has authority to levy an ad valorem tax on property, or a | 691 |
sales tax, within its
territorial
boundaries, in which event
| 692 |
the inclusion shall become effective on the sixtieth day after the | 693 |
last such filing is accomplished, unless, prior to the expiration | 694 |
of
| 695 |
area proposed to be added to the regional transit authority, equal | 696 |
in number to at least ten per cent of the qualified electors from | 697 |
698 | |
election, file a
petition of
referendum against
| 699 |
inclusion. Any petition of referendum filed under this section | 700 |
shall be filed at the office of the secretary of the board of | 701 |
trustees of the regional transit authority. The person presenting | 702 |
the petition shall be given a
receipt containing
| 703 |
time of the day, the date, and the purpose of the petition. The | 704 |
secretary of the board of trustees of the regional transit | 705 |
authority shall cause the appropriate board or boards of elections | 706 |
to check the sufficiency of signatures on any petition of | 707 |
referendum filed under this section and, if found to be | 708 |
sufficient, shall present the petition to the board of trustees at | 709 |
a meeting of said board which occurs not later than thirty days | 710 |
following the filing of said petition. Upon presentation to the | 711 |
board of trustees of a petition of referendum against the proposed | 712 |
inclusion, the board of trustees shall promptly certify the | 713 |
proposal to the board or boards of elections for the purpose of | 714 |
having the proposal placed on the ballot at the next general or | 715 |
primary election which occurs not less than seventy-five days | 716 |
after the date of the meeting of said board, or at a special | 717 |
election, the date of which shall be specified in the | 718 |
certification, which date shall be not less than seventy-five days | 719 |
after the date of such meeting of the board. Signatures on a | 720 |
petition of referendum may be withdrawn up to and including the | 721 |
meeting of the board of trustees certifying the proposal to the | 722 |
appropriate board or boards of elections. If territory of more | 723 |
than one county, municipal corporation, or township is to be added | 724 |
to the regional transit authority, the
electors of
| 725 |
territories of the counties, municipal corporations, or townships | 726 |
which are to be added shall vote as a district, and the majority | 727 |
affirmative vote shall be determined by
the vote cast in
| 728 |
district as a whole. Upon certification of a proposal to the | 729 |
appropriate board or boards of elections pursuant to this section, | 730 |
731 | |
arrangements for the submission of
| 732 |
the electors of the territory to be added to the regional transit | 733 |
authority
qualified to vote | 734 |
election shall be held, canvassed, and certified in the manner | 735 |
provided for the submission of tax levies under section 5705.191 | 736 |
of the Revised Code, except that the question appearing on the | 737 |
ballot shall read: | 738 |
"Shall the territory within the ......................... | 739 |
(Name or names of political subdivisions to be joined) be added to | 740 |
.................................. (Name) regional transit | 741 |
authority?" and shall a(n) .......... (here insert type of tax or | 742 |
taxes) at a rate of taxation not to exceed ..... (here insert | 743 |
maximum tax rate or rates) be levied for all transit purposes?" | 744 |
If the question is approved by at least a majority of the | 745 |
electors voting on
| 746 |
immediately effective, and the regional transit authority may | 747 |
extend the levy
of
| 748 |
within the territory
which has been added. If
| 749 |
approved at a general election or at a special election occurring | 750 |
prior
| 751 |
of July, the regional transit authority may amend its budget and | 752 |
resolution adopted pursuant to section 5705.34 of the Revised | 753 |
Code, and
| 754 |
and duplicate and collected as other taxes are collected from all | 755 |
taxable property within the territorial boundaries of the regional | 756 |
transit authority, including the territory within each political | 757 |
subdivision added as a result of
| 758 |
The territorial boundaries of a regional transit authority | 759 |
shall be coextensive with the territorial boundaries of the | 760 |
counties, municipal corporations, and townships included within | 761 |
the regional transit authority, provided that the same area may be | 762 |
included in more than one regional transit authority so long as | 763 |
the regional transit authorities are not organized for purposes as | 764 |
provided for in the resolutions or ordinances creating the same, | 765 |
and any amendments
| 766 |
transit facilities; and provided further, that if a regional | 767 |
transit authority includes only a portion of an entire county, a | 768 |
regional transit authority for the same purposes may be created in | 769 |
the remaining portion of the same county by resolution of the | 770 |
board of county commissioners acting alone or in conjunction with | 771 |
municipal corporations and townships as provided in this section. | 772 |
No regional transit authority shall be organized after | 773 |
January 1, 1975, to include any area already included in a | 774 |
regional transit authority, except that any regional transit | 775 |
authority organized after
| 776 |
29, 1974, and having territorial boundaries entirely within a | 777 |
single county shall, upon adoption by the board of county | 778 |
commissioners of
| 779 |
regional transit authority including within its territorial | 780 |
jurisdiction the existing regional transit authority and for | 781 |
purposes including the
purposes
for which
| 782 |
regional transit authority was created, be dissolved and its | 783 |
territory included in such new regional transit authority. Any | 784 |
resolution creating such a new regional transit authority shall | 785 |
make adequate provision for satisfaction of the obligations of the | 786 |
dissolved regional transit authority. | 787 |
Sec. 306.321. The resolution or ordinance creating a | 788 |
regional transit authority may be amended to include additional | 789 |
counties, municipal corporations, or townships by the adoption of | 790 |
791 | |
county, the legislative authority of each municipal corporation, | 792 |
and the board of township trustees of each township which has | 793 |
created or
| 794 |
joined or proposes to join the regional transit authority. | 795 |
After each county, municipal corporation, and township which | 796 |
has created or
| 797 |
amendment, joined or proposes to join the regional transit | 798 |
authority has adopted its resolution or ordinance approving | 799 |
inclusion of additional counties, municipal corporations, or | 800 |
townships in
| 801 |
802 | |
board of the county commissioners of each county, the clerk of the | 803 |
legislative authority of each municipal corporation, and the | 804 |
fiscal officer of the board of trustees of each township proposed | 805 |
to be included in the regional transit authority. | 806 |
Any ordinances or resolutions adopted pursuant to this | 807 |
section approving inclusion of additional counties, municipal | 808 |
corporations, or townships in
| 809 |
shall provide that the board of trustees of
| 810 |
transit authority must, not later than the tenth day following the | 811 |
day on which the filing of the ordinances or resolutions, as | 812 |
required by the immediately preceding paragraph, is completed, | 813 |
adopt its resolution providing for submission to the electors of | 814 |
the regional transit authority as enlarged, of the question | 815 |
pursuant to section 306.49 of the Revised Code, of the renewal, | 816 |
the renewal and increase, or the increase of, or the imposition of | 817 |
an additional, ad valorem tax, or of the question pursuant to | 818 |
section 306.70 of the Revised Code, of the renewal, the renewal | 819 |
and increase, or the increase of, or the imposition of an | 820 |
additional, sales and use tax. The resolution submitting the | 821 |
question of the tax shall specify the date of the election, which | 822 |
shall be not less than seventy-five days after certification of | 823 |
824 | |
consistent with the requirements of section 3501.01 of the Revised | 825 |
Code. The inclusion of the territory of the additional counties, | 826 |
municipal corporations, or townships in the regional transit | 827 |
authority shall be effective as of the date on which the | 828 |
resolution of the board of trustees of the regional transit | 829 |
authority is adopted submitting the question to the electors, | 830 |
provided that until the question is approved, existing contracts | 831 |
providing payment for transit services within the added territory | 832 |
shall remain in effect and transit services shall not be affected | 833 |
by the inclusion of the additional territory. The resolution shall | 834 |
be certified to the board of elections and the election shall be | 835 |
held, canvassed, and certified as provided in section 306.49 of | 836 |
the Revised Code in the case of an ad valorem tax or in section | 837 |
306.70 of the Revised Code in the case of a sales and use tax. | 838 |
If the question of the tax which is submitted is not approved | 839 |
by a majority of the electors of the enlarged regional transit | 840 |
authority voting
| 841 |
the day
on which the results of
| 842 |
conclusive, the additional counties, municipal corporations, or | 843 |
townships, which had been included in the regional transit | 844 |
authority as of the date of the adoption of the resolution | 845 |
submitting to the electors the question, shall be removed from the | 846 |
territory of
| 847 |
longer be a part of that authority without any further action by | 848 |
either the political subdivisions which were included in the | 849 |
authority prior to the adoption of the resolution submitting the | 850 |
question to the electors or of the political subdivisions added to | 851 |
the authority
as a result of the adoption of
| 852 |
The regional transit authority reduced to its territory as it | 853 |
existed prior to the inclusion of the additional counties, | 854 |
municipal corporations, or townships, shall be entitled to levy | 855 |
and collect any ad valorem or sales and use taxes which it was | 856 |
authorized to levy and collect prior to the enlargement of its | 857 |
territory and for
which authorization has not expired, as if
| 858 |
the enlargement had not occurred. | 859 |
If the question of the tax which is submitted provides for a | 860 |
sales and use tax to be imposed and the question is approved, and | 861 |
the regional transit authority had previously been authorized | 862 |
pursuant to section 306.49 of the Revised Code to levy an ad | 863 |
valorem tax,
| 864 |
from the first moneys received from
| 865 |
each year, the full amount required in order to pay the principal | 866 |
of and interest on any notes of the regional transit authority | 867 |
issued pursuant to section 306.49 of the Revised Code, in | 868 |
anticipation of the collection of
| 869 |
shall not thereafter levy and collect the ad valorem tax | 870 |
previously approved unless
| 871 |
necessary to pay the principal of and interest on notes issued in | 872 |
anticipation of
| 873 |
obligation of the contract between the regional transit authority | 874 |
and the note holders. | 875 |
If the question of the additional or renewal tax levy is | 876 |
approved,
| 877 |
otherwise provided for an ad valorem tax or a sales and use tax | 878 |
imposed by a regional transit authority, provided that if a | 879 |
question relating to an ad valorem tax is approved at the general | 880 |
election or at a special election occurring prior
| 881 |
general election, but after the fifteenth day of July, the | 882 |
regional transit authority may amend its budget for its next | 883 |
fiscal year and its resolution adopted pursuant to section 5705.34 | 884 |
of the Revised Code or adopt
such
resolution, and
| 885 |
shall be placed on the current tax list and duplicate and | 886 |
collected as all other taxes are collected from all taxable | 887 |
property within the enlarged territory of the regional transit | 888 |
authority including the territory within each political | 889 |
subdivision which has been added to the regional transit authority | 890 |
pursuant to this section, provided further that if a question | 891 |
relating to sales and use tax is approved after the fifteenth day | 892 |
of July in any calendar year, the regional transit authority may | 893 |
amend its budget for the current and next fiscal year and any | 894 |
resolution adopted pursuant to section 5705.34 of the Revised | 895 |
Code, to reflect the imposition of
| 896 |
shall amend its budget for the next fiscal year and any resolution | 897 |
adopted pursuant to section 5705.34 of the Revised Code to comply | 898 |
with the immediately preceding paragraph. If the budget of the | 899 |
regional transit authority is amended pursuant to this paragraph, | 900 |
the county auditor shall prepare and deliver an amended | 901 |
certificate of estimated resources to reflect the change in | 902 |
anticipated revenues of the regional transit authority. | 903 |
The procedures of this section are in addition to and an | 904 |
alternative to those established in section 306.32 of the Revised | 905 |
Code for joining to a regional transit authority additional | 906 |
counties, municipal corporations, or townships. | 907 |
Sec. 319.51. On the erection of a new township in the | 908 |
county, the county
auditor shall open an account with it | 909 |
910 | |
moneys for taxes collected in or distributable to the territory | 911 |
included in
| 912 |
from the townships from which it was taken. The moneys so credited | 913 |
shall be drawn
by warrants in favor of the
| 914 |
officer of the new township. | 915 |
Sec. 321.31. Immediately after each settlement with the | 916 |
county auditor, on demand, and on presentation of the warrant of | 917 |
the auditor therefor, the county treasurer shall pay to the | 918 |
township | 919 |
corporation, school district, or any board authorized by law to | 920 |
receive the funds or proceeds of any special tax levy, or other | 921 |
properly designated officers delegated by the boards and | 922 |
subdivisions to receive such funds or proceeds, all moneys in the | 923 |
county treasury payable to such boards and subdivisions. | 924 |
Delinquent taxes, interest, and penalties are payable in the | 925 |
proportions prescribed in section 319.45 of the Revised Code. | 926 |
Sec. 321.32. If a township
| 927 |
proper officer so requires, or the board of township trustees, the | 928 |
legislative authority of a municipal corporation, or the board of | 929 |
education of a school district, respectively, directs, the moneys | 930 |
described in section 321.31 of the Revised Code shall remain in | 931 |
the county treasury, to be drawn by the proper officer on the | 932 |
warrant of the county auditor, in sums of not less than one | 933 |
hundred dollars. | 934 |
If a county treasurer retains, or if a local officer permits | 935 |
936 | |
than as provided by this section,
| 937 |
officer shall forfeit and pay for
| 938 |
one hundred nor more than one thousand dollars, to be recovered in | 939 |
an action at the suit of the state, for the use of the county. | 940 |
Sec. 321.34. (A)(1) When the local authorities by resolution | 941 |
so request, the county auditor shall pay township
| 942 |
officers, treasurers of municipal corporations, the treasurer of | 943 |
any board of education, and the treasurer of any other political | 944 |
subdivision or taxing district whose funds derived from taxes or | 945 |
other sources are payable by law to the county treasurer, any | 946 |
money that may be in the county treasury to the
accounts of
| 947 |
the local authorities, respectively, and lawfully applicable to | 948 |
the
purpose of the current fiscal year in which
| 949 |
is made. The auditor and county treasurer shall retain any amounts | 950 |
needed
to make
| 951 |
subdivisions or taxing districts as are required by law to be paid | 952 |
directly by the county authorities. | 953 |
(2)(a) For purposes of this section, in addition to the | 954 |
moneys payable under division (A)(1) of this section, money in the | 955 |
county treasury to the account of a board of education that is to | 956 |
be included in the settlement required under division (C) of | 957 |
section 321.24 of the Revised Code shall be paid to the treasurer | 958 |
when the board of education, by resolution, so requests. | 959 |
(b)
| 960 |
purposes of the fiscal year in which the request is made upon the | 961 |
adoption of the resolution making the request if that resolution | 962 |
specifies the board's intent to use the money for the purposes of | 963 |
the fiscal year in which the request is made. | 964 |
(B) The auditor, in making
| 965 |
draw separate warrants for the payments for that part of the funds | 966 |
allocated to the general fund of the subdivision and the part | 967 |
allocated to service the debt charges of the subdivision. That | 968 |
part of the advance payment allocated to the servicing of debt | 969 |
charges shall be payable to the officer, board of trustees, or | 970 |
commission of the subdivision charged with the payment and | 971 |
retirement of the bonds and notes of such subdivision, and shall | 972 |
be used for no other purpose. Any officer, board, or commission | 973 |
receiving
| 974 |
the form prescribed by the tax commissioner, to the auditor that | 975 |
the funds so advanced and received have been paid into the bond | 976 |
retirement fund. | 977 |
(C) Upon the request, in like form, of any board of public | 978 |
library trustees or board of township park commissioners for which | 979 |
a share of the undivided classified property taxes collected in | 980 |
the county has been allowed and fixed by the budget commission, | 981 |
the auditor may, prior to the first day of April, in any year, pay | 982 |
to the treasurer of
| 983 |
in the county treasury, an amount not exceeding twenty-five per | 984 |
cent of the board's share of
| 985 |
property taxes; but the auditor and county treasurer shall retain | 986 |
an amount sufficient to meet all other requests for payments which | 987 |
have been made under this section or can be reasonably anticipated | 988 |
prior to such first day of April. On or after the first day of | 989 |
April, all amounts paid out of undivided tax funds shall be | 990 |
reimbursed to the funds from which they have been paid and charged | 991 |
against the share of
| 992 |
of township park commissioners in the undivided classified | 993 |
property tax fund. | 994 |
Sec. 345.01. The taxing authority of any municipal | 995 |
corporation, township, or county, at any time not less than one | 996 |
hundred days prior to a general election in any year, by a vote of | 997 |
two-thirds of all members of the taxing authority, may, and upon | 998 |
presentation to the clerk or fiscal officer, as the case may be, | 999 |
of
| 1000 |
two per cent of the electors of the political subdivision, as | 1001 |
shown at the preceding general election held in the subdivision, | 1002 |
shall, declare by resolution that the amount of taxes which may be | 1003 |
raised within the ten-mill limitation will be insufficient to | 1004 |
provide an
adequate amount for the necessary requirements of
| 1005 |
the subdivision, and that it is necessary to levy taxes in excess | 1006 |
of
| 1007 |
purposes: | 1008 |
(A) For purchasing a site, and for erecting, equipping, and | 1009 |
furnishing, or for establishing a memorial to commemorate the | 1010 |
services of all members and veterans of the armed forces of the | 1011 |
United States; | 1012 |
(B) For the operation and maintenance of a memorial, and for | 1013 |
the functions
related
| 1014 |
| 1015 |
forth in this
| 1016 |
increase in rate which it is necessary to levy, the purpose of the | 1017 |
rate increase, and the number of years during which
| 1018 |
increase shall be in effect. The increase may include a levy upon | 1019 |
the tax duplicate of the current year. The number of years shall | 1020 |
be any number not exceeding ten. The question of an increase in | 1021 |
tax rate under divisions (A) and (B) of this section may be | 1022 |
submitted to the electors on one ballot. | 1023 |
The total tax for the purposes included in this section shall | 1024 |
not, in any year, exceed one mill of each dollar of valuation. | 1025 |
| 1026 |
passage, and no publication of the resolution, other than that | 1027 |
provided for in the notice of election, shall be necessary. | 1028 |
Sec. 503.162. (A) After certification of a resolution as | 1029 |
provided in section 503.161 of the Revised Code, the board of | 1030 |
elections shall submit the question of whether the township's name | 1031 |
shall be changed to the electors of the unincorporated area of the | 1032 |
township in accordance with division (C) of that section, and the | 1033 |
ballot language shall be substantially as follows: | 1034 |
"Shall the township of .......... (name) change its name to | 1035 |
........ (proposed name)? | 1036 |
.......... For name change | 1037 |
.......... Against name change" | 1038 |
(B) At least forty-five days before the election on this | 1039 |
question, the board of township trustees shall provide notice of | 1040 |
the election and an explanation of the proposed name change in a | 1041 |
newspaper of general circulation in the township for three | 1042 |
consecutive weeks and shall post the notice and explanation in | 1043 |
five conspicuous places in the unincorporated area of the | 1044 |
township. | 1045 |
(C) If a majority of the votes cast on the proposition of | 1046 |
changing the township's name is in the affirmative, the name | 1047 |
change is adopted and becomes effective ninety days after the | 1048 |
board of elections certifies the
election results to the
| 1049 |
fiscal officer of the township. Upon receipt of the certification | 1050 |
of the election
results from the board of elections, the
| 1051 |
fiscal officer of the township shall send a copy of that | 1052 |
certification to the secretary of state. | 1053 |
(D) A change in the name of a township shall not alter the | 1054 |
rights or liabilities of the township as previously named. | 1055 |
Sec. 503.25. | 1056 |
appointment of township officers as provided by sections 503.22 to | 1057 |
503.24 | 1058 |
officer shall make a list of all the officers elected or | 1059 |
appointed, stating the offices to which each is chosen or | 1060 |
appointed, and
| 1061 |
a requisition that
| 1062 |
officer, or some other officer authorized to administer oaths, | 1063 |
give bond, and take the oath of office prescribed by sections 3.22 | 1064 |
and 3.23 of the Revised Code and Section 7 of Article XV, Ohio | 1065 |
Constitution. | 1066 |
| 1067 |
make service of, or deliver to any constable of the township who | 1068 |
shall make service of, a copy of
| 1069 |
delivering it to each person so elected or appointed.
| 1070 |
list and
requisition, with the time and manner of service
| 1071 |
on it, shall be returned
and filed in the office of the
| 1072 |
fiscal officer. | 1073 |
Sec. 503.26. If a person elected or appointed to a township | 1074 |
office takes the oath of office required by section 503.25 of the | 1075 |
Revised Code before an
officer other than the township
| 1076 |
fiscal officer, the officer before whom it is taken | 1077 |
shall
immediately deposit with the
| 1078 |
certificate of
| 1079 |
make a record of all official oaths. | 1080 |
Sec. 503.29. Resolutions of the type described in division | 1081 |
(B) of section 503.65 of the Revised Code may be proposed by | 1082 |
initiative petition by the electors of a township and adopted by | 1083 |
election by these electors, under the same circumstances, in the | 1084 |
same manner, and subject to the same penalties as provided in | 1085 |
sections 731.28 to 731.40 and section 731.99 of the Revised Code | 1086 |
for ordinances and other measures of municipal corporations, | 1087 |
insofar as those sections are applicable to townships, except as | 1088 |
follows: | 1089 |
(A) The board of township trustees shall perform the duties | 1090 |
imposed on the legislative authority of the municipal corporation | 1091 |
under those sections. | 1092 |
(B) Initiative petitions shall be filed with the township | 1093 |
1094 | |
those sections upon the city auditor or village clerk. | 1095 |
(C) Initiative petitions shall contain the signatures of | 1096 |
electors of the township equal in number to at least ten per cent | 1097 |
of the total vote cast in the township for the office of governor | 1098 |
at the most recent general election for that office. | 1099 |
(D) Each signer of an initiative petition shall be an elector | 1100 |
of the township in which the election on the proposed resolution | 1101 |
is to be held. | 1102 |
Sec. 503.41. (A) A board of township trustees, by | 1103 |
resolution, may regulate and require the registration of massage | 1104 |
establishments and their employees within the unincorporated | 1105 |
territory of the township. In accordance with sections 503.40 to | 1106 |
503.49 of the Revised Code, for that purpose, the board, by a | 1107 |
majority vote of all members, may adopt, amend, administer, and | 1108 |
enforce regulations within the unincorporated territory of the | 1109 |
township. | 1110 |
(B) A board may adopt regulations and amendments under this | 1111 |
section only after public hearing at not fewer than two regular | 1112 |
sessions of the board. The board shall cause to be published in at | 1113 |
least one newspaper of general circulation in the township notice | 1114 |
of the public hearings, including the time, date, and place, once | 1115 |
a week for two weeks immediately preceding the hearings. The board | 1116 |
shall make available proposed regulations or amendments to the | 1117 |
public at the office of the board. | 1118 |
(C) Regulations or amendments adopted by the board are | 1119 |
effective thirty days after the date of adoption unless, within | 1120 |
thirty days after the adoption of the regulations or amendments, | 1121 |
the township
| 1122 |
number of qualified electors residing in the unincorporated area | 1123 |
of the township equal to not less than ten per cent of the total | 1124 |
vote cast for all candidates for governor in the area at the most | 1125 |
recent general election at which a governor was elected, | 1126 |
requesting the board to submit the regulations or amendments to | 1127 |
the electors of the area for approval or rejection at the next | 1128 |
primary or general election occurring at least seventy-five days | 1129 |
after the board receives the petition. | 1130 |
No regulation or amendment for which the referendum vote has | 1131 |
been requested is effective unless a majority of the vote cast on | 1132 |
the issue is in favor of the regulation or amendment. Upon | 1133 |
certification by the board of elections that a majority of the | 1134 |
votes cast on the issue was in favor of the regulation or | 1135 |
amendment, the regulation or amendment takes immediate effect. | 1136 |
(D) The board shall make available regulations it adopts or | 1137 |
amends to the public at the office of the board and shall cause to | 1138 |
be published a notice of the availability of the regulations in at | 1139 |
least one newspaper of general circulation in the township within | 1140 |
ten days after their adoption or amendment. | 1141 |
(E) Nothing in sections 503.40 to 503.49 of the Revised Code | 1142 |
shall be construed to allow a board of township trustees to | 1143 |
regulate the practice of any limited branch of medicine specified | 1144 |
in section 4731.15 of the Revised Code or the practice of | 1145 |
providing therapeutic massage by a licensed physician, a licensed | 1146 |
chiropractor, a licensed podiatrist, a licensed nurse, or any | 1147 |
other licensed health professional. As used in this division, | 1148 |
"licensed" means licensed, certified, or registered to practice in | 1149 |
this state. | 1150 |
Sec. 503.52. (A) A board of township trustees, by | 1151 |
resolution, may regulate and require the registration of adult | 1152 |
cabarets within the unincorporated territory of the township. In | 1153 |
accordance with sections 503.51 to 503.59 of the Revised Code, for | 1154 |
that purpose, the board, by a majority vote of all members, may | 1155 |
adopt, amend, administer, and enforce regulations within the | 1156 |
unincorporated territory of the township. | 1157 |
(B) A board may adopt regulations and amendments under this | 1158 |
section only after public hearing at not fewer than two regular | 1159 |
sessions of the board. The board shall cause to be published in at | 1160 |
least one newspaper of general circulation in the township notice | 1161 |
of the public hearings, including the time, date, and place, once | 1162 |
a week for two weeks immediately preceding the hearings. The board | 1163 |
shall make available proposed regulations or amendments to the | 1164 |
public at the office of the board. | 1165 |
(C) Regulations or amendments adopted by the board are | 1166 |
effective thirty days after the date of adoption unless, within | 1167 |
thirty days after the adoption of the regulations or amendments, | 1168 |
the township
| 1169 |
number of qualified electors residing in the unincorporated area | 1170 |
of the township equal to not less than ten per cent of the total | 1171 |
number of votes cast in that area for all candidates for the | 1172 |
office of governor at the most recent general election for that | 1173 |
office, requesting the board to submit the regulations or | 1174 |
amendments to the electors of the area for approval or rejection | 1175 |
at the next primary or general election occurring at least | 1176 |
seventy-five days after the board receives the petition. | 1177 |
No regulation or amendment for which the referendum vote has | 1178 |
been requested is effective unless a majority of the votes cast on | 1179 |
the issue is in favor of the regulation or amendment. Upon | 1180 |
certification by the board of elections that a majority of the | 1181 |
votes cast on the issue was in favor of the regulation or | 1182 |
amendment, the regulation or amendment takes immediate effect. | 1183 |
(D) The board shall make available regulations it adopts or | 1184 |
amends to the public at the office of the board and shall cause to | 1185 |
be published a notice of the availability of the regulations in at | 1186 |
least one newspaper of general circulation in the township within | 1187 |
ten days after their adoption or amendment. | 1188 |
Sec. 504.06. (A) Peace officers serving the township | 1189 |
pursuant to section 504.16 of the Revised Code may issue citations | 1190 |
to persons who violate township resolutions adopted pursuant to | 1191 |
this chapter. Each
| 1192 |
(1) Advise the person upon whom it is served that the person | 1193 |
must answer in relation to the violation charged in the citation | 1194 |
within fourteen days after the citation is served upon
| 1195 |
person; | 1196 |
(2) Indicate the allowable answers that may be made and that | 1197 |
the person will be afforded a court hearing if
| 1198 |
denies in
| 1199 |
violation; | 1200 |
(3) Specify that the answer must be made in person or by mail | 1201 |
to the township
| 1202 |
(4) Indicate the amount of the fine that arises from the | 1203 |
violation. | 1204 |
(B) A peace officer who issues a citation for a violation of | 1205 |
a township resolution shall complete the citation by identifying | 1206 |
the violation charged and by indicating the date, time, and place | 1207 |
of the violation charged. The officer shall sign the citation, | 1208 |
affirm the facts that it contains, and without unnecessary delay | 1209 |
file the original citation with the court having jurisdiction over | 1210 |
the violation. A copy of a citation issued pursuant to this | 1211 |
section shall be served pursuant to the Rules of Civil Procedure | 1212 |
upon the person who violated the resolution. No peace officer is | 1213 |
entitled to receive witness fees in a cause prosecuted under a | 1214 |
township resolution adopted pursuant to this chapter. | 1215 |
Sec. 504.07. (A)(1) A person who is served with a citation | 1216 |
pursuant to division (B) of section 504.06 of the Revised Code | 1217 |
shall answer the charge by personal appearance before, or by mail | 1218 |
addressed to, the township
| 1219 |
immediately notify the township law director. An answer shall be | 1220 |
made within fourteen days after the citation is served upon the | 1221 |
person and shall be in one of the following forms: | 1222 |
(a) An admission that the person committed the violation, by | 1223 |
payment of any fine arising from the violation. Payment of a fine | 1224 |
pursuant to division (A)(1)(a) of this section shall be payable to | 1225 |
the
| 1226 |
1227 |
(b) A denial that the person committed the violation. | 1228 |
(2) Whenever a person pays a fine pursuant to division | 1229 |
(A)(1)(a) of this section or whenever a person answers by denying | 1230 |
the violation or does not submit payment of the fine within the | 1231 |
time required by division (A)(1) of this section, the township | 1232 |
1233 | |
over the violation. | 1234 |
(B) If a person answers by denying the violation or does not | 1235 |
submit payment of the fine within the time required by division | 1236 |
(A)(1) of this section, the court having jurisdiction over the | 1237 |
violation shall, upon receiving the notification required by | 1238 |
division (A)(2) of this section, schedule a hearing on the | 1239 |
violation and send notice of the date and time of the hearing to | 1240 |
the person charged with the violation and to the township law | 1241 |
director. If the person charged with the violation fails to appear | 1242 |
for the scheduled hearing, the court may hold
| 1243 |
contempt, or issue a summons or a warrant for
| 1244 |
arrest pursuant to Criminal Rule 4. If the court issues a summons | 1245 |
and the person charged with the violation fails to appear, the | 1246 |
court may enter a default judgment against the person and require | 1247 |
1248 |
(C) The court shall hold the scheduled hearing in accordance | 1249 |
with the Rules of Civil Procedure and the rules of the court, and | 1250 |
shall determine whether the township has established, by a | 1251 |
preponderance of the evidence, that the person committed the | 1252 |
violation. If the court determines that the person committed the | 1253 |
violation, it shall enter a judgment against the person requiring | 1254 |
1255 |
If the court determines that the township has not | 1256 |
established, by a preponderance of the evidence, that the person | 1257 |
committed the violation, the court shall enter judgment against | 1258 |
the township whose resolution allegedly was violated, shall | 1259 |
dismiss the charge of the violation against the person, and shall | 1260 |
assess costs against the township. | 1261 |
(D) Payment of any judgment or default judgment entered | 1262 |
against a person pursuant to this section shall be made to the | 1263 |
clerk of the court that entered the judgment, within ten days | 1264 |
after the date of entry. All money paid in satisfaction of a | 1265 |
judgment or default judgment shall be disbursed by the clerk as | 1266 |
required by law, and the clerk shall enter the fact of payment of | 1267 |
the money and its disbursement in the records of the court. If | 1268 |
payment of a judgment or default judgment is not made within this | 1269 |
time period, execution may be levied, and such other measures may | 1270 |
be taken for its collection as are authorized for the collection | 1271 |
of an unpaid money judgment in a civil action rendered in that | 1272 |
court. The municipal or county court shall assess costs against | 1273 |
the judgment debtor, to be paid upon satisfaction of the judgment. | 1274 |
(E) Any person against whom a judgment or default judgment is | 1275 |
entered pursuant to this section and any township against which a | 1276 |
judgment is entered pursuant to this section may appeal the | 1277 |
judgment or default judgment to the court of appeals within whose | 1278 |
territorial jurisdiction the resolution allegedly was violated. An | 1279 |
appeal shall be made by filing a notice of appeal with the trial | 1280 |
court and with the court of appeals within thirty days after the | 1281 |
entry of judgment by the trial court and by the
payment of
| 1282 |
reasonable costs as the court requires. Upon the filing of an | 1283 |
appeal, the court shall schedule a hearing date and notify the | 1284 |
parties of the date, time, and place of the hearing. The hearing | 1285 |
shall be held by the court in accordance with the rules of the | 1286 |
court. Service of a notice of appeal under this division does not | 1287 |
stay enforcement and collection of the judgment or default | 1288 |
judgment from which appeal is taken by the person unless the | 1289 |
person who files the appeal posts bond with the trial court, in | 1290 |
the amount of the judgment, plus court costs, at or before service | 1291 |
of the notice of appeal. | 1292 |
Notwithstanding any other provision of law, the judgment on | 1293 |
appeal of the court of appeals is final. | 1294 |
Sec. 504.11. (A) The vote on the question of passage of a | 1295 |
resolution provided for in section 504.10 of the Revised Code or a | 1296 |
motion related to that resolution shall be taken by yeas and nays | 1297 |
and entered on the journal, and the resolution or motion shall not | 1298 |
be passed without concurrence of a majority of all members of the | 1299 |
board of township trustees, except that each emergency resolution | 1300 |
under that section shall require the affirmative vote of all of | 1301 |
the members of the board for its enactment. If an emergency | 1302 |
resolution fails to receive the required vote for passage as an | 1303 |
emergency measure but receives the necessary majority for passage | 1304 |
as a nonemergency resolution, it shall be considered passed as a | 1305 |
nonemergency resolution. Except as otherwise provided in division | 1306 |
(B) of this section, a resolution shall become effective thirty | 1307 |
days after it
is filed with the township
| 1308 |
Each emergency resolution shall determine that the resolution is | 1309 |
necessary for the immediate preservation of the public peace, | 1310 |
health, safety, or welfare and shall contain a statement of the | 1311 |
necessity for the emergency. Each resolution shall be | 1312 |
authenticated by the
signature of the township
| 1313 |
officer, but the failure or
refusal
of the
| 1314 |
sign a resolution shall not invalidate an otherwise properly | 1315 |
enacted resolution. | 1316 |
(B) Each resolution appropriating money, submitting a | 1317 |
question to the electorate, determining to proceed with an | 1318 |
election, or providing for the approval of a revision, | 1319 |
codification, recodification, or rearrangement of resolutions, or | 1320 |
publication of resolutions in book form, and any emergency | 1321 |
resolution, shall take effect, unless a later time is specified in | 1322 |
the
resolution, ten days after it is filed with the township
| 1323 |
fiscal officer. | 1324 |
(C) Each resolution shall be recorded in a book, or other | 1325 |
record prescribed by the board, established and maintained for | 1326 |
that purpose. The township
| 1327 |
authorized deputy to
the
| 1328 |
request of any person and upon the payment of a fee established by | 1329 |
the board, certify true copies of any resolution, and these | 1330 |
certified copies shall be admissible as evidence in any court. | 1331 |
(D) The procedures provided in this section apply only to | 1332 |
resolutions adopted pursuant to a township's limited home rule | 1333 |
powers as authorized by this chapter. | 1334 |
Sec. 504.12. No resolution and no section or numbered or | 1335 |
lettered division of a section shall be revised or amended unless | 1336 |
the new resolution contains the entire resolution, section, or | 1337 |
division as revised or amended, and the resolution, section, or | 1338 |
division so amended shall be repealed. This requirement does not | 1339 |
prevent the amendment of a resolution by the addition of a new | 1340 |
section, or division, and in this case the full text of the former | 1341 |
resolution need not be set forth, nor does this section prevent | 1342 |
repeals by implication. Except in the case of a codification or | 1343 |
recodification of resolutions, a separate vote shall be taken on | 1344 |
each resolution proposed to be amended. Resolutions that have been | 1345 |
introduced and have received their first reading or their first | 1346 |
and second readings, but have not been voted on for passage, may | 1347 |
be amended or revised by a majority vote of the members of the | 1348 |
board of township trustees, and the amended or revised resolution | 1349 |
need not receive additional readings. | 1350 |
The board of township trustees of a limited home rule | 1351 |
township may revise, codify, and publish in book form the | 1352 |
resolutions of the township in the same manner as provided in | 1353 |
section 731.23 of the Revised Code for municipal corporations. | 1354 |
Resolutions adopted by the board shall be published in the same | 1355 |
manner as provided by sections 731.21, 731.22, 731.24, 731.25, and | 1356 |
731.26 of the Revised Code for municipal corporations, except that | 1357 |
they shall be published in newspapers circulating within the | 1358 |
township. The | 1359 |
the duties that the clerk of the legislative authority of a | 1360 |
municipal corporation is required to perform under those sections. | 1361 |
The procedures provided in this section apply only to | 1362 |
resolutions adopted pursuant to a township's limited home rule | 1363 |
powers as authorized by this chapter. | 1364 |
Sec. 504.14. In a township that adopts a limited home rule | 1365 |
government, resolutions may be proposed by initiative petition by | 1366 |
the electors in the unincorporated area of the township and | 1367 |
adopted by election by these electors, and resolutions adopted by | 1368 |
the board of township trustees may be submitted to these electors | 1369 |
for their approval or rejection by referendum, under the same | 1370 |
circumstances and in the same manner as provided by sections | 1371 |
731.28 to 731.40 of the Revised Code for municipal corporations, | 1372 |
except that both of the following apply: | 1373 |
(A) Initiative and referendum petitions shall be filed with | 1374 |
the township
| 1375 |
imposed under those sections upon the city auditor or village | 1376 |
clerk. | 1377 |
(B) Initiative and referendum petitions shall contain the | 1378 |
signatures of not less than ten per cent of the total number of | 1379 |
electors in the unincorporated area of the township who voted for | 1380 |
the office of governor at the most recent general election for | 1381 |
that office in that area of the township. | 1382 |
Sec. 504.19. (A) The board of township trustees may prepare | 1383 |
and adopt a general plan of water supply or sewer services. After | 1384 |
the general plan has been approved by the board, the board | 1385 |
immediately shall notify the board of county commissioners if | 1386 |
territory served by a county water supply facility or a county | 1387 |
sewer district includes territory to be covered by the plan, the | 1388 |
legislative authority of a municipal corporation that operates a | 1389 |
water supply or sewer system in any of the territory to be covered | 1390 |
by the plan, and the board of trustees of any existing regional | 1391 |
water and sewer district that includes any territory to be covered | 1392 |
by the plan, of the township's intention to provide water supply | 1393 |
or sewer services and shall describe the area where the township | 1394 |
proposes to provide water supply or sewer services. The notified | 1395 |
board of county commissioners, legislative authority of a | 1396 |
municipal corporation, and board of trustees of the regional water | 1397 |
and sewer district then have thirty days from the date of | 1398 |
notification to comment and object in writing to the township's | 1399 |
provision of water supply or sewer services. An objection may be | 1400 |
based on one or more of the following: | 1401 |
(1) The county, municipal corporation, or special district | 1402 |
already provides the proposed water supply or sewer services to | 1403 |
the area to be served. | 1404 |
(2) The county, municipal corporation, or special district | 1405 |
has in its service plan provisions to provide the proposed water | 1406 |
supply or sewer services in the future to the proposed area within | 1407 |
a reasonable period of time. | 1408 |
Within fifteen days after receiving objections, the board of | 1409 |
township trustees may request in writing submitted to the | 1410 |
objecting party that the issue of the township's provision of the | 1411 |
proposed water supply or sewer services be mediated. The mediation | 1412 |
shall be performed either by the Ohio commission on dispute | 1413 |
resolution and conflict management or by having each party select | 1414 |
a mediator and having those two mediators select a third mediator | 1415 |
who, together with the other two mediators, shall conduct the | 1416 |
mediation. | 1417 |
Within forty-five days after the request for mediation is | 1418 |
submitted, any mediation shall be completed, and any agreements | 1419 |
reached between the parties shall be filed in writing with the | 1420 |
parties. Thereafter, the respective governing boards may adopt the | 1421 |
agreements, making those agreements binding on the parties, or, if | 1422 |
one or more of the agreed-upon points is rejected, that rejection | 1423 |
shall be considered a final decision of a governing board for | 1424 |
purposes of Chapter 2506. of the Revised Code, and the board of | 1425 |
township trustees may file an appeal under that chapter regarding | 1426 |
its provision of the proposed water supply or sewer services. In | 1427 |
addition to any findings of the court provided in section 2506.04 | 1428 |
of the Revised Code, the court may determine that the county, | 1429 |
municipal corporation, or special district has not met the | 1430 |
criteria specified in divisions (A)(1) and (2) of this section | 1431 |
and, therefore, the township may provide its proposed water supply | 1432 |
or sewer services or, in the alternative, may determine that the | 1433 |
township could provide the proposed water supply or sewer services | 1434 |
more expediently than the county, municipal corporation, or | 1435 |
special district with no substantial increase in cost to the users | 1436 |
of the water supply or sewer services and, therefore, order that | 1437 |
the township may provide its proposed water supply or sewer | 1438 |
services. | 1439 |
(B) Once the board has approved a general plan of water | 1440 |
supply or sewer services under division (A) of this section, the | 1441 |
board shall hire an engineer to prepare detailed plans, | 1442 |
specifications, and estimates of the cost of the improvements, | 1443 |
together with a tentative assessment of the cost based on the | 1444 |
estimates. The tentative assessment shall be for the information | 1445 |
of property owners and shall not be certified to the county | 1446 |
auditor for collection. The detailed plans, specifications, | 1447 |
estimates of cost, and tentative assessment, as prepared by the | 1448 |
engineer and approved by the board, shall be preserved in the | 1449 |
office of the board and shall be open to inspection of all persons | 1450 |
interested in the improvements. | 1451 |
(C) Once it has been determined under division (A) of this | 1452 |
section that a township may provide its proposed water supply or | 1453 |
sewer services, the board may appropriate for the use of the | 1454 |
township any public or private land, easement, rights, | 1455 |
rights-of-way, franchises, or other property within or outside the | 1456 |
township required by it for the accomplishment of its purposes. | 1457 |
Except as provided in division (D) of this section, the | 1458 |
appropriation shall be according to the procedure set forth in | 1459 |
sections 163.01 to 163.22 of the Revised Code. The engineer hired | 1460 |
by the board may enter upon any public or private property for the | 1461 |
purpose of making surveys and examinations necessary for the | 1462 |
design or examination of water supply or sewer facilities. No | 1463 |
person shall forbid or interfere with the engineer or the | 1464 |
engineer's authorized assistants entering upon property for these | 1465 |
purposes. If actual damage is done to property by the making of a | 1466 |
survey and examination, the board shall pay the reasonable value | 1467 |
of the damage to the owner of the property damaged, and the cost | 1468 |
shall be included in the assessment upon the property benefited by | 1469 |
the improvement. | 1470 |
(D)(1) For purposes of this division, either of the following | 1471 |
constitutes a public exigency: | 1472 |
(a) A finding by the director of environmental protection | 1473 |
that a public health nuisance caused by an occasion of unavoidable | 1474 |
urgency and suddenness due to unsanitary conditions compels the | 1475 |
immediate construction of sewers for the protection of the public | 1476 |
health and welfare; | 1477 |
(b) The issuance of an order by the board of health of a | 1478 |
health district to mitigate or abate a public health nuisance that | 1479 |
is caused by an occasion of unavoidable urgency and suddenness due | 1480 |
to unsanitary conditions and compels the immediate construction of | 1481 |
sewers for the protection of the public health and welfare. | 1482 |
(2) If a board of township trustees of a township that has | 1483 |
adopted a limited home rule government is unable to purchase | 1484 |
property for the purpose of the construction of sewers to mitigate | 1485 |
or abate the public health nuisance that is the subject of a | 1486 |
finding of the director or an order of the board of health, the | 1487 |
board of township trustees may adopt a resolution finding that it | 1488 |
is necessary for the protection of the public health and welfare | 1489 |
to appropriate property that the board considers needed for that | 1490 |
purpose. The resolution shall contain a definite, accurate, and | 1491 |
detailed description of the property and the name and place of | 1492 |
residence, if known or with reasonable diligence ascertainable, of | 1493 |
the owners of the property to be appropriated. | 1494 |
The board of township trustees shall fix in its resolution | 1495 |
what it considers to be the value of the property to be | 1496 |
appropriated, which shall be the board's determination of the | 1497 |
compensation for the property and shall be supported by an | 1498 |
independent appraisal, together with any damages to the residue. | 1499 |
The board shall deposit the compensation so determined, together | 1500 |
with an amount for the damages to the residue, with the probate | 1501 |
court or the court of common pleas of the county in which the | 1502 |
property, or a part of it, is situated. Except as otherwise | 1503 |
provided in this division, the power to appropriate property for | 1504 |
the purposes of this division shall be exercised in the manner | 1505 |
provided in sections 163.01 and 163.22 of the Revised Code for an | 1506 |
appropriation in time of public exigency. The board's resolution | 1507 |
and a written copy of the independent appraisal shall accompany | 1508 |
the petition filed under section 163.05 of the Revised Code. | 1509 |
(E) As soon as all questions of compensation and damages have | 1510 |
been determined for any water supply facilities or sewer services | 1511 |
improvement project, the board shall cause to be made an estimated | 1512 |
assessment, upon the lots and lands to be assessed, of such part | 1513 |
of the compensation, damages, and costs of the improvement as is | 1514 |
to be specially assessed according to the method specified by | 1515 |
resolution of the board. The schedule of the assessments shall be | 1516 |
filed with the township | 1517 |
interested persons. Before adopting the estimated assessment, the | 1518 |
board shall cause written notice to be sent to the owners of all | 1519 |
lots and lands to be assessed that the assessment has been made | 1520 |
and is
on file with the township | 1521 |
date when objections to the assessment will be heard. Objections | 1522 |
shall be filed in writing with the board before the date of the | 1523 |
hearing. If any objections are filed, the board shall hear them | 1524 |
and act as an equalizing board, and may change the assessments if, | 1525 |
in its opinion, any change is necessary to make the assessments | 1526 |
just and equitable. The board shall adopt a resolution approving | 1527 |
and confirming the assessments as reported to or modified by the | 1528 |
board. | 1529 |
(F) The resolution levying the assessments shall apportion | 1530 |
the cost among the benefited lots and lands in the manner provided | 1531 |
by the board by resolution. The board shall certify the amounts to | 1532 |
be levied upon each lot or parcel of land to the county auditor, | 1533 |
who shall enter the amounts on the tax duplicate, to be collected | 1534 |
as other taxes. The principal shall be payable in not more than | 1535 |
forty semiannual installments, as determined by the board. Any | 1536 |
assessment in the amount of twenty-five dollars or less, or of | 1537 |
which the unpaid balance is twenty-five dollars or less, shall be | 1538 |
paid in full and not in installments, at the time the first or | 1539 |
next installment otherwise would become due and payable. | 1540 |
Assessments are a lien upon the respective lots or parcels of land | 1541 |
assessed from the date of adoption of the resolution under | 1542 |
division (E) of this section. If bonds are issued to pay the | 1543 |
compensation, damages, and the costs of an improvement, the | 1544 |
principal amount of the assessment shall be payable in such number | 1545 |
of semiannual installments and in such amounts as the board | 1546 |
determines to be necessary to provide a fund for the payment of | 1547 |
the principal of and interest on the bonds and shall bear interest | 1548 |
from the date of the issuance of the bonds and at the same rate as | 1549 |
the bonds. | 1550 |
(G) Any owner of property to be assessed for any water supply | 1551 |
facilities or sewer services improvement project, or other person | 1552 |
aggrieved by the action of the board in regard to any water supply | 1553 |
facilities or sewer services improvement project, may appeal to | 1554 |
the court of common pleas, in the manner prescribed by Chapter | 1555 |
2506. of the Revised Code. | 1556 |
(H) When collected, the assessments shall be paid by the | 1557 |
county auditor by warrant of the county treasurer into a special | 1558 |
fund in the township treasury created for the purpose of | 1559 |
constructing, improving, maintaining, and operating water supply | 1560 |
facilities or sewer improvements. The board may expend moneys from | 1561 |
the fund only for the purposes for which the assessments were | 1562 |
levied. | 1563 |
Sec. 504.20. (A) For the purpose of supplying water and | 1564 |
providing sewer services to users within the unincorporated area | 1565 |
of the township under a plan adopted pursuant to section 504.19 of | 1566 |
the Revised Code, the board of township trustees by resolution may | 1567 |
acquire, construct, maintain, improve, repair, operate, and pay | 1568 |
all or any part of the costs of water supply facilities or sewer | 1569 |
improvements. If the best interests of the township and the users | 1570 |
of the water supply facilities or sewer services so require, the | 1571 |
board may sell or otherwise dispose of a water supply facility or | 1572 |
sewer improvement. | 1573 |
(B) To cover the costs of acquiring, constructing, | 1574 |
maintaining, improving, repairing, or operating a water supply | 1575 |
facility or sewer improvement, the board may issue general | 1576 |
obligation bonds of the township in accordance with Chapter 133. | 1577 |
of the Revised Code, for which the full faith and credit of the | 1578 |
township shall be pledged. | 1579 |
(C) For the purpose of paying costs of constructing or | 1580 |
otherwise improving a water supply facility or sewer improvement | 1581 |
and paying debt service charges on voted or unvoted securities of | 1582 |
the township issued for those purposes, and for paying costs of | 1583 |
operating, repairing, and maintaining a water supply facility or | 1584 |
sewer improvement, the board may charge, alter, and collect rents | 1585 |
and other charges for the use of services of a water supply | 1586 |
facility or sewer improvement, which rents and charges if not paid | 1587 |
when due may be certified by
the township
| 1588 |
the county auditor, who shall place the same on the tax duplicate | 1589 |
to be collected as other taxes. Those rents and charges are a lien | 1590 |
on the property served from and after the date of entry by the | 1591 |
county auditor on the tax duplicate. | 1592 |
(D) The costs of constructing or otherwise improving a water | 1593 |
supply facility or sewer improvement may include any of the | 1594 |
following: | 1595 |
(1) The purchase price of real estate or any interest in real | 1596 |
estate; | 1597 |
(2) The cost of preliminary and other surveys; | 1598 |
(3) The cost of preparing plans, specifications, profiles, | 1599 |
and estimates; | 1600 |
(4) The cost of printing, serving, and publishing notices and | 1601 |
any required legislation; | 1602 |
(5) The cost of all special proceedings; | 1603 |
(6) The cost of labor and material, whether furnished by | 1604 |
contract or otherwise; | 1605 |
(7) Interest on bonds or notes issued in anticipation of the | 1606 |
levy or collection of special assessments; | 1607 |
(8) The total amount of damages resulting from the project | 1608 |
that are assessed in favor of any owners of lands affected by the | 1609 |
project and any interest on those damages; | 1610 |
(9) The cost incurred in connection with the preparation, | 1611 |
levy, and collection of the special assessments, including legal | 1612 |
expenses incurred by reason of the project; | 1613 |
(10) All contract construction costs; | 1614 |
(11) Incidental costs connected with the project. | 1615 |
(E) The board may adopt, amend, rescind, publish, administer, | 1616 |
and enforce rules for the construction, maintenance, operation, | 1617 |
protection, and use of water supply facilities and sewer services, | 1618 |
that are considered necessary and advisable. The rules shall not | 1619 |
be inconsistent with the laws of the state or the rules of the | 1620 |
environmental protection agency. The board may enforce the rules | 1621 |
by mandamus, injunction, or other legal remedy. | 1622 |
Sec. 505.03. Whenever
| 1623 |
on application of at least twelve freeholders of the township, the | 1624 |
judge of the county
or municipal court
| 1625 |
jurisdiction in the township who approves the bond may require | 1626 |
additional security or the execution of a new bond. If a trustee | 1627 |
fails, for ten days, to give additional security or execute a new | 1628 |
bond after service of
| 1629 |
be declared vacant and filled as required by section 503.24 of the | 1630 |
Revised Code.
| 1631 |
deposited with the township
| 1632 |
1633 |
Sec. 505.04. The board of township trustees shall make an | 1634 |
inventory on the second Monday of January, each year, of all the | 1635 |
materials, machinery, tools, and other township supplies in its | 1636 |
possession.
| 1637 |
be made in duplicate, one copy of which shall be filed with the | 1638 |
1639 | |
engineer. | 1640 |
Sec. 505.07. Notwithstanding any contrary provision in | 1641 |
another section of the Revised Code, section 519.12 of the Revised | 1642 |
Code, or any vote of the electors on a petition for zoning | 1643 |
referendum, a township may settle any court action by a consent | 1644 |
decree or court-approved settlement agreement which may include an | 1645 |
agreement to rezone any property involved in the action as | 1646 |
provided in the decree or court-approved settlement agreement | 1647 |
without following the procedures in section 519.12 of the Revised | 1648 |
Code and also may include township approval of a development plan | 1649 |
for any property involved in the action as provided in the decree | 1650 |
or court-approved settlement agreement, provided that the court | 1651 |
makes specific findings of fact that notice has been properly made | 1652 |
pursuant to this section and the consent decree or court-approved | 1653 |
settlement agreement is fair and reasonable. | 1654 |
If the subject of the consent decree or court-approved | 1655 |
settlement agreement involves a zoning issue subject to referendum | 1656 |
under section 519.12 of the Revised Code, the board of township | 1657 |
trustees shall publish notice of their intent to meet and consider | 1658 |
and take action on the decree or court-approved settlement | 1659 |
agreement and the date and time of the meeting in a newspaper of | 1660 |
general circulation in the township at least fifteen days before | 1661 |
the meeting. The board shall permit members of the public to | 1662 |
express their objections to the consent decree or court-approved | 1663 |
settlement agreement at the meeting. Copies of the proposed | 1664 |
consent decree or court-approved settlement agreement shall be | 1665 |
available to the public at the township | 1666 |
office during normal business hours. | 1667 |
At least ten days prior to the submission of a proposed | 1668 |
consent decree or settlement agreement to the court for its review | 1669 |
and consideration, the plaintiff in the action involving the | 1670 |
consent decree or settlement agreement shall publish a notice that | 1671 |
shall include the caption of the case, the case number, and the | 1672 |
court in which the consent decree or settlement agreement will be | 1673 |
filed, the intention of the parties in the action to file a | 1674 |
consent decree or settlement agreement, and, when applicable, a | 1675 |
description of the real property involved and the proposed change | 1676 |
in zoning or permitted use, in a newspaper of general circulation | 1677 |
in the township. | 1678 |
Sec. 505.108. Except as otherwise provided in this section | 1679 |
and unless the property involved is required to be disposed of | 1680 |
pursuant to another section of the Revised Code, property that is | 1681 |
unclaimed for ninety days or more shall be sold by the chief of | 1682 |
police or other head of the organized police department of the | 1683 |
township, township police district, joint township police | 1684 |
district, or office of a township constable at public auction, | 1685 |
after notice of the sale has been provided by publication once a | 1686 |
week for three successive weeks in a newspaper of general | 1687 |
circulation in the county, or counties, if appropriate, in the | 1688 |
case of a joint township police district. The proceeds of the sale | 1689 |
shall be paid to the
| 1690 |
credited to the township general fund, except that, in the case of | 1691 |
a joint township police district, the proceeds of a sale shall be | 1692 |
paid to the
| 1693 |
participating township and credited to the appropriate township | 1694 |
general fund or funds according to agreement of the participating | 1695 |
townships. | 1696 |
If authorized to do so by a resolution adopted by the board | 1697 |
of township trustees or, in the case of a joint township police | 1698 |
district, each participating board of township trustees, and if | 1699 |
the property involved is not required to be disposed of pursuant | 1700 |
to another section of the Revised Code, the head of the | 1701 |
department, district, or office may contribute property that is | 1702 |
unclaimed for ninety days or more to one or more public agencies, | 1703 |
to one or more nonprofit organizations no part of the net income | 1704 |
of which inures to the benefit of any private shareholder or | 1705 |
individual and no substantial part of the activities of which | 1706 |
consists of carrying on propaganda or otherwise attempting to | 1707 |
influence legislation, or to one or more organizations satisfying | 1708 |
section 501(c)(3) or (c)(19) of the Internal Revenue Code of 1986. | 1709 |
Sec. 505.11. (A) Whenever the provisions of division (B) of | 1710 |
this section do not apply, and when, in its opinion, the township | 1711 |
would be benefited, the board of township trustees may lease | 1712 |
township real property to any person upon terms agreed upon by the | 1713 |
board and the lessee. Any consideration received from
| 1714 |
lease shall be payable, as prescribed in the lease, to the | 1715 |
township
| 1716 |
amount received and deposit it in the township general fund. | 1717 |
(B) When, in its opinion, the township would be benefited, | 1718 |
the board of township trustees may execute and deliver contracts | 1719 |
or leases to mine iron ore, stone, coal, petroleum, gas, salt, and | 1720 |
other minerals upon lands owned by the township, to any person | 1721 |
complying with the terms prescribed by the board as to | 1722 |
consideration, rights of way, and occupancy of ground for | 1723 |
necessary purposes. All other matters of contract shall be such as | 1724 |
the board considers most advantageous to the township.
| 1725 |
contracts or leases shall be forfeited to the township for | 1726 |
noncompliance with any of the terms set forth in the contracts or | 1727 |
leases, and shall not operate as a conveyance of the fee to any | 1728 |
part of the realty. No contract or lease for the drilling or | 1729 |
operation of a petroleum or gas well shall be valid for a longer | 1730 |
term than forty years from the date of the contract or lease, and | 1731 |
no contract or lease for the mining of iron ore, stone, coal, | 1732 |
salt, or other minerals shall be valid for a longer term than | 1733 |
fifteen years from that date. The consideration for the contracts | 1734 |
and leases shall be
| 1735 |
board, and shall be payable, as prescribed in the contract or | 1736 |
lease, at least once a year to the township
| 1737 |
who shall give a receipt for
| 1738 |
township general fund. | 1739 |
Sec. 505.17. (A) Except in a township or portion
| 1740 |
a township that is within the limits of a municipal corporation, | 1741 |
the board
of township trustees may make
| 1742 |
orders as are necessary to control passenger car, motorcycle, and | 1743 |
internal combustion engine noise, as permitted under section | 1744 |
4513.221 of the Revised Code, and all vehicle parking in the | 1745 |
township. This authorization includes, among other powers, the | 1746 |
power to regulate parking on established roadways proximate to | 1747 |
buildings on private property as necessary to provide access to | 1748 |
the property by public safety vehicles and equipment, if the | 1749 |
property is used for commercial purposes, the public is permitted | 1750 |
to use
| 1751 |
motor vehicles is provided, and the power to authorize the | 1752 |
issuance of orders limiting or prohibiting parking on any township | 1753 |
street or highway during a snow emergency declared pursuant to a | 1754 |
snow-emergency authorization adopted under this division. All such | 1755 |
regulations and orders shall be subject to the limitations, | 1756 |
restrictions, and exceptions in sections 4511.01 to 4511.76 and | 1757 |
4513.02 to 4513.37 of the Revised Code. | 1758 |
A board of township trustees may adopt a general | 1759 |
snow-emergency authorization, which becomes effective under | 1760 |
division (B)(1) of this section, allowing the president of the | 1761 |
board or some other person specified in the authorization to issue | 1762 |
an order declaring a snow emergency and limiting or prohibiting | 1763 |
parking on any township street or highway during the snow | 1764 |
emergency. Any such order becomes effective under division (B)(2) | 1765 |
of this section. Each general snow-emergency authorization adopted | 1766 |
under this division shall specify the weather conditions under | 1767 |
which a snow emergency may be declared in that township. | 1768 |
(B)(1) All regulations and orders, including any | 1769 |
snow-emergency authorization established by the board under this | 1770 |
section, except for an order declaring a snow emergency as | 1771 |
provided in division (B)(2) of this section, shall be posted by | 1772 |
the township
| 1773 |
places in the township for thirty days before becoming effective, | 1774 |
and shall be published in a newspaper of general circulation in | 1775 |
the township for three consecutive weeks. In addition to these | 1776 |
requirements, no general snow-emergency authorization shall become | 1777 |
effective until permanent signs giving notice that parking is | 1778 |
limited or prohibited during a snow emergency are properly posted, | 1779 |
in accordance with any applicable standards adopted by the | 1780 |
department of transportation, along streets or highways specified | 1781 |
in the authorization. | 1782 |
(2) Pursuant to the adoption of a snow-emergency | 1783 |
authorization under this section, an order declaring a snow | 1784 |
emergency becomes effective two hours after the president of the | 1785 |
board or the other person specified in the general snow-emergency | 1786 |
authorization makes an announcement of a snow emergency to the | 1787 |
local news media. The president or other specified person shall | 1788 |
request the local news media to announce that a snow emergency has | 1789 |
been declared, the time the declaration will go into effect, and | 1790 |
whether the snow emergency will remain in effect for a specified | 1791 |
period of time or indefinitely until canceled by a subsequent | 1792 |
announcement to the local news media by the president or other | 1793 |
specified person. | 1794 |
(C) Such regulations and orders may be enforced where traffic | 1795 |
control devices conforming to section 4511.09 of the Revised Code | 1796 |
are prominently displayed. Parking regulations authorized by this | 1797 |
section do not apply to any state highway unless the parking | 1798 |
regulations are approved by the director of transportation. | 1799 |
(D) A board of township trustees or its designated agent may | 1800 |
order into storage any vehicle parked in violation of a township | 1801 |
parking regulation or order, if the violation is not one that is | 1802 |
required to be handled pursuant to Chapter 4521. of the Revised | 1803 |
Code. The owner or any lienholder of a vehicle ordered into | 1804 |
storage may claim the vehicle upon presentation of proof of | 1805 |
ownership, which may be evidenced by a certificate of title to the | 1806 |
vehicle, and payment of all expenses, charges, and fines incurred | 1807 |
as a result of the parking violation and removal and storage of | 1808 |
the vehicle. | 1809 |
(E) Whoever violates any regulation or order adopted pursuant | 1810 |
to this section is guilty of a minor misdemeanor, unless the | 1811 |
township has enacted a regulation pursuant to division (A) of | 1812 |
section 4521.02 of the Revised Code, that specifies that the | 1813 |
violation shall not be considered a criminal offense and shall be | 1814 |
handled pursuant to Chapter 4521. of the Revised Code. Fines | 1815 |
levied and collected under this section shall be paid into the | 1816 |
township general revenue fund. | 1817 |
Sec. 505.24. Each township trustee is entitled to | 1818 |
compensation as follows: | 1819 |
(A) Except as otherwise provided in division (B) of this | 1820 |
section, an amount for each day of service in the business of the | 1821 |
township, to be paid from the township treasury as follows: | 1822 |
(1) In townships having a budget of fifty thousand dollars or | 1823 |
less, twenty dollars per day for not more than two hundred days; | 1824 |
(2) In townships having a budget of more than fifty thousand | 1825 |
but not more than one hundred thousand dollars, twenty-four | 1826 |
dollars per day for not more than two hundred days; | 1827 |
(3) In townships having a budget of more than one hundred | 1828 |
thousand but not more than two hundred fifty thousand dollars, | 1829 |
twenty-eight dollars and fifty cents per day for not more than two | 1830 |
hundred days; | 1831 |
(4) In townships having a budget of more than two hundred | 1832 |
fifty thousand but not more than five hundred thousand dollars, | 1833 |
thirty-three dollars per day for not more than two hundred days; | 1834 |
(5) In townships having a budget of more than five hundred | 1835 |
thousand but not more than seven hundred fifty thousand dollars, | 1836 |
thirty-five dollars per day for not more than two hundred days; | 1837 |
(6) In townships having a budget of more than seven hundred | 1838 |
fifty thousand but not more than one million five hundred thousand | 1839 |
dollars, forty dollars per day for not more than two hundred days; | 1840 |
(7) In townships having a budget of more than one million | 1841 |
five hundred thousand but not more than three million five hundred | 1842 |
thousand dollars, forty-four dollars per day for not more than two | 1843 |
hundred days; | 1844 |
(8) In townships having a budget of more than three million | 1845 |
five hundred thousand dollars but not more than six million | 1846 |
dollars, forty-eight dollars per day for not more than two hundred | 1847 |
days; | 1848 |
(9) In townships having a budget of more than six million | 1849 |
dollars, fifty-two dollars per day for not more than two hundred | 1850 |
days. | 1851 |
(B) Beginning in calendar year 1999, the amounts paid as | 1852 |
specified in division (A) of this section shall be replaced by the | 1853 |
following amounts: | 1854 |
(1) In calendar year 1999, the amounts specified in division | 1855 |
(A) of this section increased by three per cent; | 1856 |
(2) In calendar year 2000, the amounts determined under | 1857 |
division (B)(1) of this section increased by three per cent; | 1858 |
(3) In calendar year 2001, the amounts determined under | 1859 |
division (B)(2) of this section increased by three per cent; | 1860 |
(4) In calendar year 2002, except in townships having a | 1861 |
budget of more than six million dollars, the amounts determined | 1862 |
under division (B)(3) of this section increased by three per cent; | 1863 |
in townships having a budget of more than six million but not more | 1864 |
than ten million dollars, seventy dollars per day for not more | 1865 |
than two hundred days; and in townships having a budget of more | 1866 |
than ten million dollars, ninety dollars per day for not more than | 1867 |
two hundred days; | 1868 |
(5) In calendar years 2003 through 2008, the amounts | 1869 |
determined under division (B) of this section for the immediately | 1870 |
preceding calendar year increased by the lesser of the following: | 1871 |
(a) Three per cent; | 1872 |
(b) The percentage increase, if any, in the consumer price | 1873 |
index over the twelve-month period that ends on the thirtieth day | 1874 |
of September of the immediately preceding calendar year, rounded | 1875 |
to the nearest one-tenth of one per cent; | 1876 |
(6) In calendar year 2009 and thereafter, the amount | 1877 |
determined under division (B) of this section for calendar year | 1878 |
2008. | 1879 |
As used in division (B) of this section, "consumer price | 1880 |
index" has the same meaning as in section 325.18 of the Revised | 1881 |
Code. | 1882 |
(C) Whenever members of a board of township trustees are | 1883 |
compensated per diem and not by annual salary, the board shall | 1884 |
establish, by resolution, a method by which each member of the | 1885 |
board shall periodically notify the township
| 1886 |
of the number of days spent in the service of the township and the | 1887 |
kinds of services rendered on those days. The per diem | 1888 |
compensation shall be paid from the township general fund or from | 1889 |
other township funds in such proportions as the kinds of services | 1890 |
performed may require. The notice shall be filed with the township | 1891 |
1892 | |
interested. | 1893 |
By unanimous vote, a board of township trustees may adopt a | 1894 |
method of compensation consisting of an annual salary to be paid | 1895 |
in equal monthly payments. If the office of trustee is held by | 1896 |
more than one person during any calendar year, each person holding | 1897 |
the office shall receive payments for only those months, and any | 1898 |
fractions of those months, during which the person holds the | 1899 |
office. The amount of the annual salary approved by the board | 1900 |
shall be no more than the maximum amount that could be received | 1901 |
annually by a trustee if the trustee were paid on a per diem basis | 1902 |
as specified in this division, and shall be paid from the township | 1903 |
general fund or from other township funds in such proportions as | 1904 |
the board may specify by resolution. A board of township trustees | 1905 |
that has adopted a salary method of compensation may return to a | 1906 |
method of compensation on a per diem basis as specified in this | 1907 |
division by a majority vote. Any change in the method of | 1908 |
compensation shall be effective on the first day of January of the | 1909 |
year following the year during which the board has voted to change | 1910 |
the method of compensation. | 1911 |
Sec. 505.262. (A) Notwithstanding division (D) of section | 1912 |
505.37 of the Revised Code or any other statute of this state, the | 1913 |
board of township trustees of any township, by unanimous vote, may | 1914 |
adopt a resolution allowing the township to contract for the | 1915 |
purchase of equipment, buildings, and sites, or for the | 1916 |
construction of buildings, for any lawful township purpose. The | 1917 |
board may issue, by resolution adopted by unanimous vote, | 1918 |
securities of the township to finance purchases and construction | 1919 |
made pursuant to this division. The securities shall be signed by | 1920 |
the
board and attested by the signature of the township
| 1921 |
fiscal officer, and the maximum maturity of those securities is | 1922 |
subject to the limitations in section 133.20 of the Revised Code. | 1923 |
The securities shall bear interest not to exceed the rate | 1924 |
determined as provided in section 9.95 of the Revised Code and | 1925 |
shall not be subject to Chapter 133. of the Revised Code. The | 1926 |
resolution authorizing the issuance of the securities shall | 1927 |
provide for levying and collecting annually by taxation, amounts | 1928 |
sufficient to pay the interest on and principal of the securities. | 1929 |
The securities may contain a clause permitting prepayment at the | 1930 |
option of the board. Securities shall be offered for sale on the | 1931 |
open market or given to the vendor or contractor if no sale is | 1932 |
made. | 1933 |
(B) No purchase or construction pursuant to division (A) of | 1934 |
this section shall be undertaken unless the county auditor | 1935 |
certifies that, if the purchase or construction is undertaken, the | 1936 |
debt service charge for the purchase or construction in the first | 1937 |
year, together with the debt service charge for that same year for | 1938 |
any other purchase or construction already undertaken pursuant to | 1939 |
division (A) of this section, does not exceed one-tenth of the | 1940 |
township's total revenue from all sources. If the county auditor | 1941 |
so certifies, in every year of the debt after the first year, the | 1942 |
county budget commission shall include a debt charge in the | 1943 |
township's annual tax budget submitted pursuant to sections | 1944 |
5705.01 to 5705.47 of the Revised Code sufficient to meet the | 1945 |
annual debt incurred pursuant to division (A) of this section, if | 1946 |
1947 |
Sec. 505.31. (A) Except as otherwise provided in division | 1948 |
(B) of this section, the township
| 1949 |
collect the service charges for waste disposal service and | 1950 |
administer them under rules established by the board of township | 1951 |
trustees. All of those service charges shall be kept in a separate | 1952 |
fund designated as the waste collection fund and shall be | 1953 |
appropriated and administered by the board. The fund shall be used | 1954 |
for payment of the costs of the management, maintenance, and | 1955 |
operation of the garbage and refuse collection and disposal system | 1956 |
in the township or several waste disposal districts. The board | 1957 |
also may use the fund for payment of the costs incurred by the | 1958 |
township in relation to the collection and disposal of tree | 1959 |
leaves. | 1960 |
Service charges for waste disposal service collected from one | 1961 |
district cannot be used for any other district. If a district is | 1962 |
abandoned or discontinued, any balance remaining in the fund for | 1963 |
that district shall be paid into the general fund of the township. | 1964 |
(B) When a board of township trustees contracts with an | 1965 |
independent contractor for the collection, transfer, and disposal | 1966 |
of solid wastes under section 505.27 of the Revised Code, the | 1967 |
contract may provide for the independent contractor to collect and | 1968 |
keep the service charges for the waste disposal services the | 1969 |
contractor provides. | 1970 |
Sec. 505.32. For the services arising in each fiscal year | 1971 |
under sections
505.27 to 505.33 | 1972 |
the township
| 1973 |
compensation
| 1974 |
The compensation shall be paid semiannually, and shall be charged | 1975 |
back, and prorated against each waste disposal district as part of | 1976 |
its operating costs. Any increase required by the board in the | 1977 |
bond of the
| 1978 |
supplies, shall be prorated and charged back to each district. | 1979 |
Sec. 505.33. Annually, before the first day of October, the | 1980 |
township
| 1981 |
the names of the property owners and a description of their lands | 1982 |
1983 | |
1984 | |
tax duplicate for the ensuing December installment of taxes, for | 1985 |
collection. | 1986 |
Sec. 505.35. All funds arising from the sale of bonds for | 1987 |
the construction or repair of viaducts, or for the purchase or | 1988 |
condemnation of land for
| 1989 |
township treasury, and shall be paid out and expended upon the | 1990 |
vouchers of the board of township trustees, or of the officers in | 1991 |
the township having charge of the repair of public roads or | 1992 |
streets. | 1993 |
Contracts for
| 1994 |
manner as other
contracts. Vouchers to pay
| 1995 |
or for any portion of the cost of the improvements, shall be drawn | 1996 |
by
| 1997 |
officer, who shall keep an accurate account of moneys
so expended | 1998 |
1999 | |
purposes shall be known as the
| 2000 |
Sec. 505.37. (A) The board of township trustees may | 2001 |
establish all necessary rules to guard against the occurrence of | 2002 |
fires and to protect the property and lives of the citizens | 2003 |
against damage and accidents, and may, with the approval of the | 2004 |
specifications by the prosecuting attorney or, if the township has | 2005 |
adopted limited home rule government under Chapter 504. of the | 2006 |
Revised Code, with the approval of the specifications by the | 2007 |
township's law director, purchase, lease, lease with an option to | 2008 |
purchase, or otherwise provide any fire apparatus, mechanical | 2009 |
resuscitators, or other equipment, appliances, materials, fire | 2010 |
hydrants, and water supply for fire-fighting purposes that seems | 2011 |
advisable to the board. The board shall provide for the care and | 2012 |
maintenance of fire equipment, and, for these purposes, may | 2013 |
purchase, lease, lease with an option to purchase, or construct | 2014 |
and maintain necessary buildings, and it may establish and | 2015 |
maintain lines of fire-alarm communications within the limits of | 2016 |
the township. The board may employ one or more persons to maintain | 2017 |
and operate fire-fighting equipment, or it may enter into an | 2018 |
agreement with a volunteer fire company for the use and operation | 2019 |
of fire-fighting equipment. The board may compensate the members | 2020 |
of a volunteer fire company on any basis and in any amount that it | 2021 |
considers equitable. | 2022 |
(B) The boards of township trustees of any two or more | 2023 |
townships, or the legislative authorities of any two or more | 2024 |
political subdivisions, or any combination | 2025 |
through joint action, unite in the joint purchase, lease, lease | 2026 |
with an option to purchase, maintenance, use, and operation of | 2027 |
fire-fighting equipment, or for any other purpose designated in | 2028 |
sections 505.37 to 505.42 of the Revised Code, and may prorate the | 2029 |
expense of the joint action on any terms that are mutually agreed | 2030 |
upon. | 2031 |
(C) The board of township trustees of any township may, by | 2032 |
resolution, whenever it is expedient and necessary to guard | 2033 |
against the occurrence of fires or to protect the property and | 2034 |
lives of the citizens against damages resulting from their | 2035 |
occurrence, create a fire district of any portions of the township | 2036 |
that it considers necessary. The board may purchase, lease, lease | 2037 |
with an option to purchase, or otherwise provide any fire | 2038 |
apparatus, appliances, materials, fire hydrants, and water supply | 2039 |
for fire-fighting purposes, or may contract for the fire | 2040 |
protection for the fire district as provided in section 9.60 of | 2041 |
the Revised Code. The fire district so created shall be given a | 2042 |
separate name by which it shall be known. | 2043 |
Additional unincorporated territory of the township may be | 2044 |
added to a fire district upon the board's adoption of a resolution | 2045 |
authorizing the addition. A municipal corporation that is within | 2046 |
or adjoining the township may be added to a fire district upon the | 2047 |
board's adoption of a resolution authorizing the addition and the | 2048 |
municipal legislative authority's adoption of a resolution or | 2049 |
ordinance requesting the addition of the municipal corporation to | 2050 |
the fire district. | 2051 |
If the township fire district imposes a tax, additional | 2052 |
unincorporated territory of the township or a municipal | 2053 |
corporation that is within or adjoining the township shall become | 2054 |
part of the fire district only after all of the following have | 2055 |
occurred: | 2056 |
(1) Adoption by the board of township trustees of a | 2057 |
resolution approving the expansion of the territorial limits of | 2058 |
the district and, if the resolution proposes to add a municipal | 2059 |
corporation, adoption by the municipal legislative authority of a | 2060 |
resolution or ordinance requesting the addition of the municipal | 2061 |
corporation to the district; | 2062 |
(2) Adoption by the board of township trustees of a | 2063 |
resolution recommending the extension of the tax to the additional | 2064 |
territory; | 2065 |
(3) Approval of the tax by the electors of the territory | 2066 |
proposed for addition to the district. | 2067 |
Each resolution of the board adopted under division (C)(2) of | 2068 |
this section shall state the name of the fire district, a | 2069 |
description of the territory to be added, and the rate and | 2070 |
termination date of the tax, which shall be the rate and | 2071 |
termination date of the tax currently in effect in the fire | 2072 |
district. | 2073 |
The board of trustees shall certify each resolution adopted | 2074 |
under division (C)(2) of this section to the board of elections in | 2075 |
accordance with section 5705.19 of the Revised Code. The election | 2076 |
required under division (C)(3) of this section shall be held, | 2077 |
canvassed, and certified in the manner provided for the submission | 2078 |
of tax levies under section 5705.25 of the Revised Code, except | 2079 |
that the question appearing on the ballot shall read: | 2080 |
"Shall the territory within ........................ | 2081 |
(description of the proposed territory to be added) be added to | 2082 |
........................ (name) fire district, and a property tax | 2083 |
at a rate of taxation not exceeding ...... (here insert tax rate) | 2084 |
be in effect for .......... (here insert the number of years the | 2085 |
tax is to be in effect or "a continuing period of time," as | 2086 |
applicable)?" | 2087 |
If the question is approved by at least a majority of the | 2088 |
electors voting on it, the joinder shall be effective as of the | 2089 |
first day of July of the year following approval, and on that | 2090 |
date, the township fire district tax shall be extended to the | 2091 |
taxable property within the territory that has been added. If the | 2092 |
territory that has been added is a municipal corporation and if it | 2093 |
had adopted a tax levy for fire purposes, the levy is terminated | 2094 |
on the effective date of the joinder. | 2095 |
Any municipal corporation may withdraw from a township fire | 2096 |
district created under division (C) of this section by the | 2097 |
adoption by the municipal legislative authority of a resolution or | 2098 |
ordinance ordering withdrawal. On the first day of July of the | 2099 |
year following the adoption of the resolution or ordinance of | 2100 |
withdrawal, the municipal corporation withdrawing ceases to be a | 2101 |
part of the district, and the power of the fire district to levy a | 2102 |
tax upon taxable property in the withdrawing municipal corporation | 2103 |
terminates, except that the fire district shall continue to levy | 2104 |
and collect taxes for the payment of indebtedness within the | 2105 |
territory of the fire district as it was composed at the time the | 2106 |
indebtedness was incurred. | 2107 |
Upon the withdrawal of any municipal corporation from a | 2108 |
township fire district created under division (C) of this section, | 2109 |
the county auditor shall ascertain, apportion, and order a | 2110 |
division of the funds on hand, moneys and taxes in the process of | 2111 |
collection except for taxes levied for the payment of | 2112 |
indebtedness, credits, and real and personal property, either in | 2113 |
money or in kind, on the basis of the valuation of the respective | 2114 |
tax duplicates of the withdrawing municipal corporation and the | 2115 |
remaining territory of the fire district. | 2116 |
A board of township trustees may remove unincorporated | 2117 |
territory of the township from the fire district upon the adoption | 2118 |
of a resolution authorizing the removal. On the first day of July | 2119 |
of the year following the adoption of the resolution, the | 2120 |
unincorporated township territory described in the resolution | 2121 |
ceases to be a part of the district, and the power of the fire | 2122 |
district to levy a tax upon taxable property in that territory | 2123 |
terminates, except that the fire district shall continue to levy | 2124 |
and collect taxes for the payment of indebtedness within the | 2125 |
territory of the fire district as it was composed at the time the | 2126 |
indebtedness was incurred. | 2127 |
(D) The board of township trustees of any township, the board | 2128 |
of fire district trustees of a fire district created under section | 2129 |
505.371 of the Revised Code, or the legislative authority of any | 2130 |
municipal corporation may purchase, lease, or lease with an option | 2131 |
to purchase the necessary fire-fighting equipment, buildings, and | 2132 |
sites for the township, fire district, or municipal corporation | 2133 |
and issue securities for that purpose with maximum maturities as | 2134 |
provided in section 133.20 of the Revised Code. The board of | 2135 |
township trustees, board of fire district trustees, or legislative | 2136 |
authority may also construct any buildings necessary to house | 2137 |
fire-fighting equipment and issue securities for that purpose with | 2138 |
maximum maturities as provided in section 133.20 of the Revised | 2139 |
Code. | 2140 |
The board of township trustees, board of fire district | 2141 |
trustees, or legislative authority may issue the securities of the | 2142 |
township, fire district, or municipal corporation, signed by the | 2143 |
board or designated officer of the municipal corporation and | 2144 |
attested by the signature of the township fiscal officer, fire | 2145 |
district clerk, or municipal clerk, covering any deferred payments | 2146 |
and payable at the times provided, which securities shall bear | 2147 |
interest not to exceed the rate determined as provided in section | 2148 |
9.95 of the Revised Code, and shall not be subject to Chapter 133. | 2149 |
of the Revised Code. The legislation authorizing the issuance of | 2150 |
the securities shall provide for levying and collecting annually | 2151 |
by taxation, amounts sufficient to pay the interest on and | 2152 |
principal of the securities. The securities shall be offered for | 2153 |
sale on the open market or given to the vendor or contractor if no | 2154 |
sale is made. | 2155 |
Section 505.40 of the Revised Code does not apply to any | 2156 |
securities issued, or any lease with an option to purchase entered | 2157 |
into, in accordance with this division. | 2158 |
(E) A board of township trustees of any township or a board | 2159 |
of fire district trustees of a fire district created under section | 2160 |
505.371 of the Revised Code may purchase a policy or policies of | 2161 |
liability insurance for the officers, employees, and appointees of | 2162 |
the fire department, fire district, or joint fire district | 2163 |
governed by the board that includes personal injury liability | 2164 |
coverage as to the civil liability of those officers, employees, | 2165 |
and appointees for false arrest, detention, or imprisonment, | 2166 |
malicious prosecution, libel, slander, defamation or other | 2167 |
violation of the right of privacy, wrongful entry or eviction, or | 2168 |
other invasion of the right of private occupancy, arising out of | 2169 |
the performance of their duties. | 2170 |
When a board of township trustees cannot, by deed of gift or | 2171 |
by purchase and upon terms it considers reasonable, procure land | 2172 |
for a township fire station that is needed in order to respond in | 2173 |
reasonable time to a fire or medical emergency, the board may | 2174 |
appropriate land for that purpose under sections 163.01 to 163.22 | 2175 |
of the Revised Code. If it is necessary to acquire additional | 2176 |
adjacent land for enlarging or improving the fire station, the | 2177 |
board may purchase, appropriate, or accept a deed of gift for the | 2178 |
land for these purposes. | 2179 |
(F) As used in this division, "emergency medical service | 2180 |
organization" has the same meaning as in section 4766.01 of the | 2181 |
Revised Code. | 2182 |
A board of township trustees, by adoption of an appropriate | 2183 |
resolution, may choose to have the Ohio medical transportation | 2184 |
board license any emergency medical service organization it | 2185 |
operates. If the board adopts such a resolution, Chapter 4766. of | 2186 |
the Revised Code, except for sections 4766.06 and 4766.99 of the | 2187 |
Revised Code, applies to the organization. All rules adopted under | 2188 |
the applicable sections of that chapter also apply to the | 2189 |
organization. A board of township trustees, by adoption of an | 2190 |
appropriate resolution, may remove its emergency medical service | 2191 |
organization from the jurisdiction of the Ohio medical | 2192 |
transportation board. | 2193 |
Sec. 505.373. The
| 2194 |
by resolution, adopt by incorporation by reference a standard code | 2195 |
pertaining to fire, fire hazards, and fire prevention prepared and | 2196 |
promulgated by the state or any department, board, or other agency | 2197 |
of the state, or any such code prepared and promulgated by a | 2198 |
public or private organization that publishes a model or standard | 2199 |
code. | 2200 |
After the adoption of
| 2201 |
clearly identifying the code, stating the purpose of the code, and | 2202 |
stating that a complete copy of the code is on file with the | 2203 |
township
| 2204 |
also on file in the law library of the county in which the | 2205 |
township is located
and that the
| 2206 |
available for distribution to the public at cost, shall be posted | 2207 |
by the
| 2208 |
the township for thirty days before becoming effective. The notice | 2209 |
required by this section shall also be published in a newspaper of | 2210 |
general circulation in the township once a week for three | 2211 |
consecutive weeks. If the adopting township amends or deletes any | 2212 |
provision of the code, the notice shall contain a brief summary of | 2213 |
the deletion or amendment. | 2214 |
If the agency that originally promulgated or published the | 2215 |
code thereafter amends the code, any township that has adopted the | 2216 |
code pursuant to this section may adopt the amendment or change by | 2217 |
incorporation by reference in the same manner as provided for | 2218 |
adoption of the original code. | 2219 |
Sec. 505.47. The board of township trustees may pay the cost | 2220 |
of the construction, rebuilding, or repair of footbridges | 2221 |
authorized by section 505.46 of the Revised Code out of any funds, | 2222 |
unappropriated for any other purpose, in the township treasury. | 2223 |
2224 | |
2225 | |
purpose of procuring the necessary funds for the construction, | 2226 |
rebuilding, or repair of
| 2227 |
shall be levied upon all of the taxable property in the
township | 2228 |
and shall be certified, levied, and collected in the manner | 2229 |
prescribed for other township taxes. The money so raised shall be | 2230 |
paid over to the township
| 2231 |
the fiscal officer shall pay it out on the order of the board, | 2232 |
certified by
| 2233 |
The tax shall not be levied until it has been approved by a | 2234 |
majority of the qualified voters of the township, voting at any | 2235 |
election at which the question shall be submitted. The | 2236 |
| 2237 |
board and shall be held within thirty days from the date of the | 2238 |
resolution of the board calling
| 2239 |
notice of
| 2240 |
notices | 2241 |
township. Provisions for holding the election shall be made by the | 2242 |
board of elections,
upon receiving notice from the
| 2243 |
officer of the date and purpose of
| 2244 |
Sec. 505.511. (A) A board of township trustees that operates | 2245 |
a township police department or the board of township trustees of | 2246 |
a township police district may, after police constables, the | 2247 |
township police, a law enforcement agency with which the township | 2248 |
contracts for police services, and the county sheriff or the | 2249 |
sheriff's deputy have answered a combined total of three false | 2250 |
alarms from the same commercial or residential security alarm | 2251 |
system within the township in the same calendar year, cause the | 2252 |
township | 2253 |
commercial establishment or the occupant, lessee, agent, or tenant | 2254 |
of the residence a bill for each subsequent false alarm from the | 2255 |
same alarm system during that year, to defray the costs incurred. | 2256 |
The bill's amount shall be as follows: | 2257 |
(1) For the fourth false alarm of that year .....$50.00; | 2258 |
(2) For the fifth false alarm of that year .....$100.00; | 2259 |
(3) For all false alarms in that year occurring after the | 2260 |
fifth false alarm ...................................$150.00. | 2261 |
If payment of the bill is not received within thirty days, | 2262 |
the township | 2263 |
mail to the manager and to the owner, if different, of the real | 2264 |
estate of which the commercial establishment is a part, or to the | 2265 |
occupant, lessee, agent, or tenant and to the owner, if different, | 2266 |
of the real estate of which the residence is a part, indicating | 2267 |
that failure to pay the bill within thirty days, or to show just | 2268 |
cause why the bill should not be paid, will result in the | 2269 |
assessment of a lien upon the real estate in the amount of the | 2270 |
bill. If payment is not received within those thirty days or if | 2271 |
just cause is not shown, the amount of the bill shall be entered | 2272 |
upon the tax duplicate, shall be a lien upon the real estate from | 2273 |
the date of the entry, and shall be collected as other taxes and | 2274 |
returned to the township treasury to be earmarked for use for | 2275 |
police services. | 2276 |
The board of township trustees shall not cause the township | 2277 |
2278 | |
bill has already been sent pursuant to division (B) of this | 2279 |
section for the same false alarm. | 2280 |
(B) The county sheriff may, after the county sheriff or the | 2281 |
sheriff's deputy, police constables, the township police, and a | 2282 |
law enforcement agency with which the township contracts for | 2283 |
police services have answered a combined total of three false | 2284 |
alarms from the same commercial or residential security alarm | 2285 |
system within the unincorporated area of the county in the same | 2286 |
calendar year, mail the manager of the commercial establishment or | 2287 |
the occupant, lessee, agent, or tenant of the residence a bill for | 2288 |
each subsequent false alarm from the same alarm system during that | 2289 |
year, to defray the costs incurred. The bill's amount shall be as | 2290 |
follows: | 2291 |
(1) For the fourth false alarm of that year .....$50.00; | 2292 |
(2) For the fifth false alarm of that year .....$100.00; | 2293 |
(3) For all false alarms in that year occurring after the | 2294 |
fifth false alarm ...................................$150.00. | 2295 |
If payment of the bill is not received within thirty days, | 2296 |
the sheriff shall send a notice by certified mail to the manager | 2297 |
and to the owner, if different, of the real estate of which the | 2298 |
commercial establishment is a part, or to the occupant, lessee, | 2299 |
agent, or tenant and to the owner, if different, of the real | 2300 |
estate of which the residence is a part, indicating that failure | 2301 |
to pay the bill within thirty days, or to show just cause why the | 2302 |
bill should not be paid, will result in the assessment of a lien | 2303 |
upon the real estate in the amount of the bill. If payment is not | 2304 |
received within those thirty days or if just cause is not shown, | 2305 |
the amount of the bill shall be entered upon the tax duplicate, | 2306 |
shall be a lien upon the real estate from the date of the entry, | 2307 |
and shall be collected as other taxes and returned to the county | 2308 |
treasury. | 2309 |
The sheriff shall not send a bill pursuant to this division | 2310 |
if a bill has already been sent pursuant to division (A) of this | 2311 |
section for the same false alarm. | 2312 |
(C) As used in this section, "commercial establishment" has | 2313 |
the same meaning as in section 505.391 of the Revised Code. | 2314 |
Sec. 505.73. (A) The board of township trustees may, by | 2315 |
resolution, adopt by incorporation by reference, administer, and | 2316 |
enforce within the unincorporated area of the township an existing | 2317 |
structures code pertaining to the repair and continued maintenance | 2318 |
of structures and the premises of those structures. For that | 2319 |
purpose, the board shall adopt any model or standard code prepared | 2320 |
and promulgated by this state, any department, board, or agency of | 2321 |
this state, or any public or private organization that publishes a | 2322 |
recognized model or standard code on the subject. The board shall | 2323 |
ensure that the code adopted governs subject matter not addressed | 2324 |
by the state residential building code and that it is fully | 2325 |
compatible with the state residential and nonresidential building | 2326 |
codes the board of building standards adopts pursuant to section | 2327 |
3781.10 of the Revised Code. | 2328 |
(B) The board shall assign the duties of administering and | 2329 |
enforcing the existing structures code to a township officer or | 2330 |
employee who is trained and qualified for those duties and shall | 2331 |
establish by resolution the minimum qualifications necessary to | 2332 |
perform those duties. | 2333 |
(C)(1) After the board adopts an existing structures code, | 2334 |
the township | 2335 |
identifies the code, states the code's purpose, and states that a | 2336 |
complete copy of the code is on file for inspection by the public | 2337 |
with the | 2338 |
library
and that the | 2339 |
distribution to the public at cost. | 2340 |
(2) The township | 2341 |
in five conspicuous places in the township for thirty days before | 2342 |
the code becomes effective and shall publish the notice in a | 2343 |
newspaper of general circulation in the township for three | 2344 |
consecutive weeks. If the adopting township amends or deletes any | 2345 |
provision of the code, the notice shall contain a brief summary of | 2346 |
the deletion or amendment. | 2347 |
(D) If the agency that originally promulgated or published | 2348 |
the existing structures code amends the code, the board may adopt | 2349 |
the amendment or change by incorporation by reference in the | 2350 |
manner provided for the adoption of the original code. | 2351 |
Sec. 505.86. (A) As used in this section, "total cost" means | 2352 |
any costs incurred due to the use of employees, materials, or | 2353 |
equipment of the township, any costs arising out of contracts for | 2354 |
labor, materials, or equipment, and costs of service of notice or | 2355 |
publication required under this section. | 2356 |
(B) A board of township trustees may provide for the removal, | 2357 |
repair, or securance of buildings or other structures in the | 2358 |
township that have been declared insecure, unsafe, or structurally | 2359 |
defective by any fire department under contract with the township | 2360 |
or by the county building department or other authority | 2361 |
responsible under Chapter 3781. of the Revised Code for the | 2362 |
enforcement of building regulations or the performance of building | 2363 |
inspections in the township, or buildings or other structures that | 2364 |
have been declared unfit for human habitation by the board of | 2365 |
health of the general health district of which the township is a | 2366 |
part. | 2367 |
At least thirty days prior to the removal, repair, or | 2368 |
securance of any insecure, unsafe, or structurally defective | 2369 |
building, the board of township trustees shall give notice by | 2370 |
certified mail of its intention with respect to
| 2371 |
repair, or securance to the holders of legal or equitable liens of | 2372 |
record upon the real property on which
| 2373 |
located
and to owners of record of
| 2374 |
owner's address is unknown and cannot reasonably be obtained, it | 2375 |
is sufficient to publish the notice once in a newspaper of general | 2376 |
circulation in
the township. The owners of record of
| 2377 |
property or the
holders of liens of record upon
| 2378 |
may enter into an agreement with the board to perform the removal, | 2379 |
repair, or securance of the insecure, unsafe, or structurally | 2380 |
defective building. If an emergency exists, as determined by the | 2381 |
board, notice may be given other than by certified mail and less | 2382 |
than
thirty days prior to
| 2383 |
(C) A board may collect the total cost of removing, | 2384 |
repairing, or securing buildings or other structures that have | 2385 |
been declared insecure, unsafe, structurally defective, or unfit | 2386 |
for human habitation, or of making emergency corrections of | 2387 |
hazardous conditions, by either of the following methods: | 2388 |
(1) The board may have the
| 2389 |
township certify the total costs, together with a proper | 2390 |
description of the lands to the county auditor who shall place the | 2391 |
costs upon the tax
duplicate. The costs are a lien upon
| 2392 |
lands from and after the date of entry. The costs shall be | 2393 |
collected as other taxes and returned to the township general | 2394 |
fund. | 2395 |
(2) The board may commence a civil action to recover the | 2396 |
total costs from the owner. | 2397 |
(D) Any board may, whenever a policy or policies of insurance | 2398 |
are in force providing coverage against the peril of fire on a | 2399 |
building or structure and the loss agreed to between the named | 2400 |
insured or insureds and the company or companies is more than five | 2401 |
thousand dollars and equals or exceeds sixty per cent of the | 2402 |
aggregate limits of liability on all fire policies covering the | 2403 |
building or structure on the property, accept security payments | 2404 |
and follow the procedures of divisions (C) and (D) of section | 2405 |
3929.86 of the Revised Code. | 2406 |
Sec. 507.01. A township
| 2407 |
elected at the general election in
| 2408 |
thereafter in each township, and
| 2409 |
2410 | |
April next
after
| 2411 |
Sec. 507.02. When a township
| 2412 |
to carry out the duties of
| 2413 |
2414 | |
States, or because
| 2415 |
incapacitated or disqualified, the board of township trustees | 2416 |
shall appoint a deputy
| 2417 |
power to discharge the duties of
| 2418 |
2419 | |
2420 | |
successor
| 2421 |
entering on the discharge of
| 2422 |
fiscal officer shall give bond, for the
faithful discharge of
| 2423 |
official duties, as required under section 507.03 of the Revised | 2424 |
Code. The board shall, by resolution, adjust and determine the | 2425 |
compensation of the
| 2426 |
officer. The total compensation of both the
| 2427 |
and any deputy
| 2428 |
fixed by section 507.09 of the Revised Code in any one year. | 2429 |
Sec. 507.021. (A) The township | 2430 |
and appoint one or more persons as the | 2431 |
necessary to provide assistance to the township | 2432 |
officer or deputy | 2433 |
officer may set the compensation of those persons subject to the | 2434 |
prior approval of the board of township trustees. Those persons | 2435 |
shall serve at the pleasure of the township | 2436 |
or, in the absence of the | 2437 |
deputy | 2438 |
delegate to an assistant any of the duties the | 2439 |
officer is otherwise required to perform. The appointment of | 2440 |
assistants under this section does not relieve the township | 2441 |
fiscal officer of responsibility to discharge the duties of the | 2442 |
office but shall serve to provide assistance to the | 2443 |
officer in performing those duties. | 2444 |
(B) The compensation of an assistant appointed under this | 2445 |
section shall be included in the estimate of contemplated | 2446 |
expenditures for the township | 2447 |
is submitted to the board of township trustees for approval as | 2448 |
provided in section 5705.28 of the Revised Code. | 2449 |
(C) Before serving, an assistant to the township | 2450 |
officer shall give bond for the faithful discharge of the duties | 2451 |
of the office as may be delegated by the | 2452 |
bond shall be payable to the board of township trustees and shall | 2453 |
be for the same sum as required under section 507.03 of the | 2454 |
Revised Code for the township | 2455 |
approved by the board, and conditioned for the faithful | 2456 |
performance of duties delegated by the | 2457 |
bond shall be recorded by the township | 2458 |
with the county treasurer, and carefully preserved. | 2459 |
Sec. 507.03. The township | 2460 |
entering upon the discharge of official duties, shall give a bond, | 2461 |
payable to the board of township trustees, with sureties approved | 2462 |
by the board, in the sum determined by the board but not less than | 2463 |
the sum provided in this section, and conditioned for the faithful | 2464 |
performance of the duties of the office of township | 2465 |
officer.
This bond shall be
recorded by the | 2466 |
officer, filed with the county treasurer, and carefully preserved. | 2467 |
The minimum sum of the township | 2468 |
shall be as follows: | 2469 |
(A) In a township with a budget of fifty thousand dollars or | 2470 |
less, ten thousand dollars; | 2471 |
(B) In a township with a budget of more than fifty thousand | 2472 |
dollars but not more than one hundred thousand dollars, | 2473 |
thirty-five thousand dollars; | 2474 |
(C) In a township with a budget of more than one hundred | 2475 |
thousand dollars but not more than two hundred fifty thousand | 2476 |
dollars, sixty thousand dollars; | 2477 |
(D) In a township with a budget of more than two hundred | 2478 |
fifty thousand dollars but not more than five hundred thousand | 2479 |
dollars, eighty-five thousand dollars; | 2480 |
(E) In a township with a budget of more than five hundred | 2481 |
thousand dollars but not more than seven hundred fifty thousand | 2482 |
dollars, one hundred ten thousand dollars; | 2483 |
(F) In a township with a budget of more than seven hundred | 2484 |
fifty thousand dollars but not more than one million five hundred | 2485 |
thousand dollars, one hundred thirty-five thousand dollars; | 2486 |
(G) In a township with a budget of more than one million five | 2487 |
hundred thousand dollars but not more than three million five | 2488 |
hundred thousand dollars, one hundred sixty thousand dollars; | 2489 |
(H) In a township with a budget of more than three million | 2490 |
five hundred thousand dollars but not more than six million | 2491 |
dollars, one hundred ninety-five thousand dollars; | 2492 |
(I) In a township with a budget of more than six million | 2493 |
dollars but not more than ten million dollars, two hundred twenty | 2494 |
thousand dollars; | 2495 |
(J) In a township with a budget of more than ten million | 2496 |
dollars, two hundred fifty thousand dollars. | 2497 |
Sec. 507.04. (A) The township | 2498 |
keep an accurate record of the proceedings of the board of | 2499 |
township trustees at all of its meetings, and of all its accounts | 2500 |
and transactions, including the acceptance of the bonds of | 2501 |
township officers. The | 2502 |
personally attend at least one meeting of the board during each | 2503 |
quarter of every year, unless prevented by the occurrence of an | 2504 |
emergency from attending. | 2505 |
(B) In any township where the | 2506 |
does not keep the township's records in a public facility, the | 2507 |
board of township trustees, once each quarter of each year, may | 2508 |
request the | 2509 |
of township records for its review. If the board makes such a | 2510 |
request, it shall tell the | 2511 |
records it wants copies of by indicating the dates or types of the | 2512 |
records it is requesting. A request made under this section does | 2513 |
not diminish any trustee's right to inspect township records under | 2514 |
division (B) of section 149.43 of the Revised Code. | 2515 |
Sec. 507.05. The township
| 2516 |
addition to the books for the record of the proceedings of the | 2517 |
board of township trustees, be provided by the township with a | 2518 |
book for the record of township roads, a book for the record of | 2519 |
marks and brands, and a book for the record of official oaths and | 2520 |
bonds of township officers. | 2521 |
Sec. 507.051. The
| 2522 |
notify the board of elections of all vacancies caused by death, | 2523 |
resignation, or otherwise in the elective offices of the township. | 2524 |
2525 | |
later than ten days after
| 2526 |
elections of the county in which the township is located. | 2527 |
The
| 2528 |
of elections of all changes in
boundaries of that township.
| 2529 |
The notification shall be made in writing
| 2530 |
clearly showing all boundary changes, and
| 2531 |
later than ten days after the change of boundaries becomes | 2532 |
effective, with the
board of
| 2533 |
which the township is located. | 2534 |
Sec. 507.06. The township
| 2535 |
administer oaths, and take and certify
affidavits
| 2536 |
pertain to the business of
| 2537 |
education of
| 2538 |
are connected with the official business of either the township or | 2539 |
the local school district, including the official oaths of | 2540 |
township and school officers, and oaths required in the execution, | 2541 |
verification, and renewal of
| 2542 |
Sec. 507.07. Immediately after the township officers have | 2543 |
made their annual
settlement of accounts, the township
| 2544 |
fiscal officer shall make and enter in the record of the | 2545 |
proceedings of the board of township trustees | 2546 |
statement of the receipts and expenditures of the township for the | 2547 |
preceding year, the amount of money received and expended for such | 2548 |
purposes in each
| 2549 |
and expenditures of the board of education of the local school | 2550 |
district.
| 2551 |
source the moneys were received, to whom they were paid, for what | 2552 |
they were expended, and, in detail, all liabilities. On the | 2553 |
morning of the first Tuesday after the first Monday in November, | 2554 |
each year, the
| 2555 |
statement at each place of holding township elections. | 2556 |
Sec. 507.08. Official bonds of constables, as soon as | 2557 |
approved by the board of township trustees, and before being | 2558 |
filed, shall be recorded by the township
| 2559 |
the book kept for that purpose. | 2560 |
A copy of such
a recorded bond, certified by the
| 2561 |
officer, shall be admitted in any court in this state, as | 2562 |
evidence, the same as the original bond. | 2563 |
For recording such
a bond, the
| 2564 |
receive the sum of fifty cents from the party giving the bond, and | 2565 |
for each copy
| 2566 |
the same fee
from the party demanding
| 2567 |
Sec. 507.09. (A) Except as otherwise provided in division | 2568 |
(D) of this section, the township | 2569 |
entitled to compensation as follows: | 2570 |
(1) In townships having a budget of fifty thousand dollars or | 2571 |
less, three thousand five hundred dollars; | 2572 |
(2) In townships having a budget of more than fifty thousand | 2573 |
but not more than one hundred thousand dollars, five thousand five | 2574 |
hundred dollars; | 2575 |
(3) In townships having a budget of more than one hundred | 2576 |
thousand but not more than two hundred fifty thousand dollars, | 2577 |
seven thousand seven hundred dollars; | 2578 |
(4) In townships having a budget of more than two hundred | 2579 |
fifty thousand but not more than five hundred thousand dollars, | 2580 |
nine thousand nine hundred dollars; | 2581 |
(5) In townships having a budget of more than five hundred | 2582 |
thousand but not more than seven hundred fifty thousand dollars, | 2583 |
eleven thousand dollars; | 2584 |
(6) In townships having a budget of more than seven hundred | 2585 |
fifty thousand but not more than one million five hundred thousand | 2586 |
dollars, thirteen thousand two hundred dollars; | 2587 |
(7) In townships having a budget of more than one million | 2588 |
five hundred thousand but not more than three million five hundred | 2589 |
thousand dollars, fifteen thousand four hundred dollars; | 2590 |
(8) In townships having a budget of more than three million | 2591 |
five hundred thousand dollars but not more than six million | 2592 |
dollars, sixteen thousand five hundred dollars; | 2593 |
(9) In townships having a budget of more than six million | 2594 |
dollars, seventeen thousand six hundred dollars. | 2595 |
(B) Any township | 2596 |
less than the
compensation the | 2597 |
under division (A) of
this
section. Any | 2598 |
officer electing to do this shall so notify the board of township | 2599 |
trustees in writing, and the board shall include this notice in | 2600 |
the minutes of its next board meeting. | 2601 |
(C) The compensation of the township | 2602 |
shall be paid
in
equal monthly payments. If the office of | 2603 |
township fiscal officer is held by more than one person during any | 2604 |
calendar year, each person holding the office shall receive | 2605 |
payments for only those months, and any fractions of those months, | 2606 |
during which the person holds the office. | 2607 |
(D) Beginning in calendar year 1999, the township
| 2608 |
fiscal officer shall be entitled to compensation as follows: | 2609 |
(1) In calendar year 1999, the compensation specified in | 2610 |
division (A) of this section increased by three per cent; | 2611 |
(2) In calendar year 2000, the compensation determined under | 2612 |
division (D)(1) of this section increased by three per cent; | 2613 |
(3) In calendar year 2001, the compensation determined under | 2614 |
division (D)(2) of this section increased by three per cent; | 2615 |
(4) In calendar year 2002, except in townships having a | 2616 |
budget of more than six million dollars, the compensation | 2617 |
determined under division (D)(3) of this section increased by | 2618 |
three per cent; in townships having a budget of more than six | 2619 |
million but not more than ten million dollars, nineteen thousand | 2620 |
eight hundred ten dollars; and in townships having a budget of | 2621 |
more than ten million dollars, twenty thousand nine hundred | 2622 |
dollars; | 2623 |
(5) In calendar year 2003, the compensation determined under | 2624 |
division (D)(4) of this section increased by three per cent or the | 2625 |
percentage increase in the consumer price index as described in | 2626 |
division (D)(7)(b) of this section, whichever percentage is lower; | 2627 |
(6) In calendar year 2004, except in townships having a | 2628 |
budget of more than six million dollars, the compensation | 2629 |
determined under division (D)(5) of this section for the calendar | 2630 |
year 2003 increased by three per cent or the percentage increase | 2631 |
in the consumer price index as described in division (D)(7)(b) of | 2632 |
this section, whichever percentage is lower; in townships having a | 2633 |
budget of more than six million but not more than ten million | 2634 |
dollars, twenty-two thousand eighty-seven dollars; and in | 2635 |
townships having a budget of more than ten million dollars, | 2636 |
twenty-five thousand five hundred fifty-three dollars; | 2637 |
(7) In calendar years 2005 through 2008, the compensation | 2638 |
determined under division (D) of this section for the immediately | 2639 |
preceding calendar year increased by the lesser of the following: | 2640 |
(a) Three per cent; | 2641 |
(b) The percentage increase, if any, in the consumer price | 2642 |
index over the twelve-month period that ends on the thirtieth day | 2643 |
of September of the immediately preceding calendar year, rounded | 2644 |
to the nearest one-tenth of one per cent; | 2645 |
(8) In calendar year 2009 and thereafter, the amount | 2646 |
determined under division (D) of this section for calendar year | 2647 |
2008. | 2648 |
As used in this division, "consumer price index" has the same | 2649 |
meaning as in section 325.18 of the Revised Code. | 2650 |
Sec. 507.11. (A) The board of township trustees may | 2651 |
authorize, by resolution, township officers and employees to incur | 2652 |
obligations of two thousand five hundred dollars or less on behalf | 2653 |
of the township, or it may authorize, by resolution, the township | 2654 |
administrator to so authorize township officers and employees. The | 2655 |
obligations incurred on behalf of the township by a township | 2656 |
officer or employee acting pursuant to any such resolution shall | 2657 |
be subsequently approved by the adoption of a formal resolution of | 2658 |
the board of township trustees. | 2659 |
(B) No money belonging to the township shall be paid out, | 2660 |
except upon an order signed by at least two of the township | 2661 |
trustees, and
countersigned by the township | 2662 |
Sec. 509.02. Each constable, before entering upon the | 2663 |
discharge of
| 2664 |
a sum of not less than five hundred nor more than two thousand | 2665 |
dollars, conditioned for the faithful and diligent discharge of | 2666 |
2667 | |
The
amount of
| 2668 |
the board of
township trustees.
| 2669 |
with the township
| 2670 |
Sec. 511.21. Upon the filing of the report of the board of | 2671 |
park commissioners as provided by section 511.20 of the Revised | 2672 |
Code, the board of township trustees shall direct the township | 2673 |
2674 | |
five public places in the township and by publication in one or | 2675 |
more newspapers of general circulation in the township, that an | 2676 |
election will be held at the next general election to determine | 2677 |
whether one or more public parks are to be established within the | 2678 |
township, and the estimated cost of the land recommended for that | 2679 |
purpose. | 2680 |
Sec. 511.22. The board of township trustees shall direct the | 2681 |
township
| 2682 |
than four p.m. of the seventy-fifth day before the day of the | 2683 |
election, with the board of elections having charge of the | 2684 |
preparation of official ballots, that an election will be held as | 2685 |
provided in section 511.21 of the Revised Code and that the | 2686 |
following shall be printed on the ballot: | 2687 |
"YES | SHALL A PUBLIC PARK | 2688 | |||
NO | OR PUBLIC PARKS BE ESTABLISHED IN | 2689 | |||
.....(NAME)..... TOWNSHIP?" | 2690 |
If a majority of the votes is in favor of the proposition, a | 2691 |
park or parks shall be established for the township. If a majority | 2692 |
of the votes cast is against the proposition, the board of park | 2693 |
commissioners shall be abolished, and the board of township | 2694 |
trustees shall provide for and pay all the proper expenses | 2695 |
incurred by it. | 2696 |
Sec. 511.33. In paying any expenses of park management and | 2697 |
of improvements authorized by section 511.32 of the Revised Code, | 2698 |
the board of township trustees may appropriate and use for
| 2699 |
these purposes any funds in the township treasury then | 2700 |
unappropriated
for any other purpose.
| 2701 |
available funds in the treasury or an insufficient amount to pay | 2702 |
for the desired park management and improvements in any year, the | 2703 |
board may levy a tax
in order to pay for
| 2704 |
and improvements. The tax shall be levied upon all of the taxable | 2705 |
property in the township and shall be certified, levied, and | 2706 |
collected in the manner prescribed for the certification, levy, | 2707 |
and collection of other township taxes. The money so raised shall | 2708 |
be paid over to
the township
| 2709 |
officer shall
| 2710 |
board. If a sum greater than two thousand dollars is to be | 2711 |
expended by the board for park management and improvement purposes | 2712 |
in any one year, and
| 2713 |
unappropriated money in the township treasury, the question of | 2714 |
levying
| 2715 |
that will amount to more than two thousand dollars, be submitted | 2716 |
to and approved by a majority of the electors of the township | 2717 |
voting
on the question. If
| 2718 |
shall be
called at a regular meeting of the board, and
| 2719 |
resolution shall be certified to the board of elections not later | 2720 |
than four p.m. of the seventy-fifth day before the day of the | 2721 |
election. | 2722 |
Twenty days' notice of
| 2723 |
the
posting of notices
| 2724 |
2725 | |
provisions for holding the election shall be made by the board of | 2726 |
elections upon receiving notice of
the date and purpose of
| 2727 |
the election from the
| 2728 |
section 511.32 of the Revised Code do not repeal, affect, or | 2729 |
modify any law relating to park commissioners, or prevent the | 2730 |
appointment of park commissioners in the future. | 2731 |
Sec. 513.04. | 2732 |
purposes, the county auditor shall certify, at the semiannual | 2733 |
collection of taxes, the amount
collected from
| 2734 |
the township
| 2735 |
warrant for
| 2736 |
the treasurer of the hospital association or to the municipal | 2737 |
corporation. | 2738 |
Sec. 515.02. When the owners of more than one-half of the | 2739 |
feet front | 2740 |
public ways of any unincorporated
district in a township | 2741 |
petition for artificial lighting of the streets and public ways in | 2742 |
2743 | |
officer,
| 2744 |
to the board of township trustees
a notice of the
filing of
| 2745 |
the petition | 2746 |
Sec. 515.04. The township
| 2747 |
day, not more than thirty days from the date of notice to the | 2748 |
board of township trustees, for the hearing of the petition | 2749 |
provided for by section
515.02 of the Revised Code.
| 2750 |
township fiscal officer shall prepare and deliver to any of the | 2751 |
petitioners | 2752 |
owners and to the corporations, either public or private, affected | 2753 |
by the improvement.
| 2754 |
pendency, and prayer of the petition | 2755 |
the hearing
| 2756 |
A copy of
| 2757 |
land
owner or left at
| 2758 |
residence, and upon an
officer or agent of each
| 2759 |
having its place of
business in
| 2760 |
fifteen days before the date set for the hearing. On or before the | 2761 |
day of the hearing, the person
serving
| 2762 |
return
| 2763 |
service | 2764 |
fiscal officer. | 2765 |
The
| 2766 |
to each nonresident lot or land owner, by publication once, in a | 2767 |
newspaper published in and of general circulation in the county in | 2768 |
which the district is situated, at least two weeks before the day | 2769 |
set for
hearing.
| 2770 |
the
printer or
other person knowing the fact | 2771 |
with
the
| 2772 |
hearing. No further notice of the petition or the proceedings | 2773 |
2774 |
Sec. 515.081. The board of township trustees, at the | 2775 |
expiration of an existing contract for lighting, may award a new | 2776 |
contract pursuant to section 515.07 of the Revised Code, unless | 2777 |
the owners of lots and lands | 2778 |
cent of the front feet abutting on the streets and public ways of | 2779 |
2780 | |
for the discontinuance of the artificial lighting and file the | 2781 |
petition with the
township
| 2782 |
thirty days prior to the expiration of the existing contract. | 2783 |
Sec. 515.12. (A) All officers shall receive for services | 2784 |
performed under sections 515.01 to 515.11 of the Revised Code | 2785 |
same fees allowed for other similar services. | 2786 |
The township
| 2787 |
fiscal officer's services the sum of fifty cents from each lot or | 2788 |
land owner for whom a notice is prepared and the sum of fifty | 2789 |
cents for each annual assessment certified to the county auditor. | 2790 |
2791 |
All payments
| 2792 |
shall be included in the cost of the lighting district and | 2793 |
assessed against the property.
| 2794 |
addition to all other compensation provided by law. | 2795 |
(B) The board of township trustees may, by resolution, employ | 2796 |
additional personnel in place of the township
| 2797 |
to prepare and certify notices for each lot or land owner and | 2798 |
shall pay a reasonable sum not to exceed fifty cents for each lot | 2799 |
or land owner for whom a notice is prepared and a reasonable sum | 2800 |
not to exceed fifty cents for each annual assessment certified to | 2801 |
the
county auditor. The actual cost of
| 2802 |
personnel shall be assessed proportionately against each lot or | 2803 |
land owner and shall be included in the cost of the lighting | 2804 |
district. | 2805 |
Sec. 517.05. On the making of an order or the filing of an | 2806 |
application as provided by section 517.04 of the Revised Code, the | 2807 |
2808 | |
application to the board of elections not later than four p.m. of | 2809 |
the seventy-fifth day before the day of the election, and, at | 2810 |
least twenty days
before an election, the | 2811 |
officer shall post written notices in at least three public places | 2812 |
in the township | 2813 |
establishment of a cemetery. If a majority of the votes cast at | 2814 |
2815 | |
establishing a cemetery, the board of township trustees shall | 2816 |
procure the lands for that purpose and levy taxes as provided by | 2817 |
section 517.03 of the Revised Code. | 2818 |
Sec. 517.06. The board of township trustees shall have the | 2819 |
cemetery laid out
in lots, avenues, and paths,
| 2820 |
the lots, and
shall have a suitable
plat
| 2821 |
which plat shall be carefully kept by the township
| 2822 |
officer.
| 2823 |
and regulations for the
division of
| 2824 |
for the allotment
| 2825 |
for the care, supervision, and improvement
| 2826 |
the lots. The board shall require the grass and weeds in the | 2827 |
cemetery to be cut and destroyed at least twice each year. | 2828 |
Suitable | 2829 |
| 2830 |
persons whose burial is at the expense of the township. | 2831 |
Sec. 517.07. Upon application, the board of township | 2832 |
trustees shall sell at a reasonable price
| 2833 |
as public wants demand for burial purposes. Purchasers of lots, | 2834 |
upon complying with the terms of sale, may receive deeds
| 2835 |
for the lots
which the board shall execute | 2836 |
recorded by the
township
| 2837 |
purpose | 2838 |
person receiving the deed. Upon the application of a head of a | 2839 |
family living in the township, the board shall, without charge, | 2840 |
make and deliver to
| 2841 |
for the burial of
| 2842 |
of the board and by reason of the circumstances of the family, | 2843 |
2844 |
The terms of sale and any deed for lots executed after
| 2845 |
2846 | |
following requirements: | 2847 |
(A) The grantee shall provide to the board of township | 2848 |
trustees, in writing, a list of the names and addresses of the | 2849 |
persons to whom the grantee's property would pass by intestate | 2850 |
succession. | 2851 |
(B) The grantee shall notify the board in writing of any | 2852 |
subsequent changes in the name or address of any persons to whom | 2853 |
property would descend. | 2854 |
(C) Any person who receives a township cemetery lot by gift, | 2855 |
inheritance, or any other means other than the original conveyance | 2856 |
shall, within one year after receiving
| 2857 |
written notice of
| 2858 |
having control of the cemetery, and shall notify the board of any | 2859 |
subsequent changes in
| 2860 |
The terms of sale and any deed for any lots executed in | 2861 |
compliance with the notification requirements set forth in | 2862 |
divisions (A), (B), and (C) of this section shall state that the | 2863 |
board of township trustees shall have right of reentry to the | 2864 |
cemetery lot if the notification requirements are not met. At | 2865 |
least ninety days before establishing reentry, the board shall | 2866 |
send a notice by certified mail to the last known owner at
| 2867 |
owner's last known address to inform
| 2868 |
owner's interest in the lot will cease unless the notification | 2869 |
requirements are met. If the owner's address is unknown and cannot | 2870 |
reasonably be obtained, it is sufficient to publish the notice | 2871 |
once in a newspaper of general circulation in the county. In order | 2872 |
to establish reentry, the board shall pass a resolution stating | 2873 |
that the conditions of the sale or of the deed have not been | 2874 |
fulfilled, and that the board reclaims its interest in the lot. | 2875 |
The board may limit the terms of sale or the deed for a | 2876 |
cemetery lot by specifying that the owner, a member of the owner's | 2877 |
family, or an owner's descendant must use the lot, or at least one | 2878 |
burial place within the lot, within a specified time period. The | 2879 |
board may specify this time period to be at least twenty but not | 2880 |
more than fifty years, with right of renewal provided at no cost. | 2881 |
At least ninety days prior to the termination date for use of the | 2882 |
cemetery lot, the board shall send a notice to the owner to inform | 2883 |
2884 | |
on the termination date unless
| 2885 |
by that date. The board shall send the notice by certified mail to | 2886 |
the owner if the owner is a resident of the township or is a | 2887 |
nonresident whose address is known. If the owner's address is | 2888 |
unknown and cannot reasonably be obtained, it is sufficient to | 2889 |
publish the notice once in a newspaper of general circulation in | 2890 |
the county. | 2891 |
The terms of sale and any deed for lots conveyed with a | 2892 |
termination date shall state that the board shall have right of | 2893 |
reentry to the lot at the end of the specified time period if the | 2894 |
lot is not used within this time period or renewed for an extended | 2895 |
period. In order to establish reentry, the board shall pass a | 2896 |
resolution stating that the conditions of the sale or of the deed | 2897 |
have not been fulfilled, and that the board reclaims its interest | 2898 |
in the lot. The board shall compensate owners of unused lots who | 2899 |
do not renew the terms of sale or the deed by paying the owner | 2900 |
eighty per cent of the purchase price. The board may repurchase | 2901 |
any cemetery lot from its owner at any time at a price that is | 2902 |
mutually agreed upon by the board and the owner. | 2903 |
Sec. 519.12. (A)(1) Amendments to the zoning resolution may | 2904 |
be initiated by motion of the township zoning commission, by the | 2905 |
passage of a resolution by the board of township trustees, or by | 2906 |
the filing of an application by one or more of the owners or | 2907 |
lessees of property within the area proposed to be changed or | 2908 |
affected by the proposed amendment with the township zoning | 2909 |
commission. The board of township trustees may require that the | 2910 |
owner or lessee of property filing an application to amend the | 2911 |
zoning resolution pay a fee to defray the cost of advertising, | 2912 |
mailing, filing with the county recorder, and other expenses. If | 2913 |
the board of township trustees | 2914 |
shall be required generally, for each application. The board of | 2915 |
township trustees
| 2916 |
shall certify it to the township zoning commission. | 2917 |
(2) Upon the adoption of | 2918 |
commission,
the certification of
| 2919 |
township trustees to the commission, or the filing of | 2920 |
application by property owners or lessees as described in division | 2921 |
(A)(1) of this section with the commission, the | 2922 |
commission shall set a date for a public hearing, which date shall | 2923 |
not be less than twenty nor more than forty days from the date of | 2924 |
the certification of such a resolution, the date of adoption of | 2925 |
such a motion, or the date of the filing of such an application. | 2926 |
Notice of
| 2927 |
commission by one publication in one or more newspapers of general | 2928 |
circulation in the township at least ten days before the date of | 2929 |
2930 |
(B) If the proposed amendment intends to rezone or redistrict | 2931 |
ten or fewer parcels of land, as listed on the county auditor's | 2932 |
current tax list, written notice of the hearing shall be mailed by | 2933 |
the township zoning commission, by first class mail, at least ten | 2934 |
days before the date of the public hearing to all owners of | 2935 |
property within and contiguous to and directly across the street | 2936 |
from | 2937 |
addresses of | 2938 |
current
tax list. The failure of delivery of | 2939 |
shall not invalidate any such amendment. | 2940 |
(C) If the proposed amendment intends to rezone or redistrict | 2941 |
ten or fewer parcels of land as listed on the county auditor's | 2942 |
current tax list, the published and mailed notices shall set forth | 2943 |
the time, date, and place of the public hearing | 2944 |
all of the following: | 2945 |
(1) The name of the township zoning commission that will be | 2946 |
conducting the | 2947 |
(2) A statement indicating that the motion, resolution, or | 2948 |
application is an amendment to the zoning resolution; | 2949 |
(3) A list of the addresses of all properties to be rezoned | 2950 |
or redistricted by the proposed amendment and of the names of | 2951 |
owners of | 2952 |
auditor's current tax list; | 2953 |
(4) The present zoning classification of property named in | 2954 |
the proposed amendment and the proposed zoning classification of | 2955 |
2956 |
(5) The time and place where the motion, resolution, or | 2957 |
application proposing to amend the zoning resolution will be | 2958 |
available for examination for a period of at least ten days prior | 2959 |
to the | 2960 |
(6) The name of the person responsible for giving notice of | 2961 |
the | 2962 |
publication and mail; | 2963 |
(7) Any other information requested by the | 2964 |
(8) A statement that, after the conclusion of | 2965 |
hearing, the matter will be submitted to the board of township | 2966 |
trustees for its action. | 2967 |
(D) If the proposed amendment alters the text of the zoning | 2968 |
resolution, or rezones or redistricts more than ten parcels of | 2969 |
land | 2970 |
published notice shall set forth the time, date, and place of the | 2971 |
public hearing | 2972 |
(1) The name of the township zoning commission that will be | 2973 |
conducting the | 2974 |
(2) A statement indicating that the motion, application, or | 2975 |
resolution is an amendment to the zoning resolution; | 2976 |
(3) The time and place where the text and maps of the | 2977 |
proposed amendment will be available for examination for a period | 2978 |
of at least ten days prior to the | 2979 |
(4) The name of the person responsible for giving notice of | 2980 |
the | 2981 |
(5) A statement that, after the conclusion of | 2982 |
hearing, the matter will be submitted to the board of township | 2983 |
trustees for its action; | 2984 |
(6) Any other information requested by the | 2985 |
(E) Within five days after the adoption of | 2986 |
described in division (A) of this section, the certification of | 2987 |
2988 | |
the filing of | 2989 |
this section, the township zoning commission shall transmit a copy | 2990 |
of it together with text and map pertaining to it to the county or | 2991 |
regional planning commission, if there is such a commission. | 2992 |
The county or regional planning commission shall recommend | 2993 |
the approval or denial of the proposed amendment or the approval | 2994 |
of some modification
of it and shall submit | 2995 |
recommendation
to the township zoning commission. | 2996 |
recommendation shall be considered at the public hearing held by | 2997 |
the township zoning
commission on | 2998 |
The township zoning commission | 2999 |
after | 3000 |
the proposed amendment, or the approval of some modification of | 3001 |
it,
and submit | 3002 |
motion, application, or resolution involved, the text and map | 3003 |
pertaining
to
| 3004 |
the county or regional planning commission on it to the board of | 3005 |
township trustees. | 3006 |
The board of township trustees | 3007 |
that
recommendation, shall set a time for a public hearing on | 3008 |
the proposed amendment, which date shall not be more than thirty | 3009 |
days from the
date of the receipt of | 3010 |
3011 | |
shall be given by the board by one publication in one or more | 3012 |
newspapers of general circulation in the township, at least ten | 3013 |
days before the
date of | 3014 |
(F) If the proposed amendment intends to rezone or redistrict | 3015 |
ten or fewer parcels of land as listed on the county auditor's | 3016 |
current tax list, the published notice shall set forth the time, | 3017 |
date, and place of the public hearing and | 3018 |
following: | 3019 |
(1) The name of the board of township trustees that will be | 3020 |
conducting the
| 3021 |
(2) A statement indicating that the motion, application, or | 3022 |
resolution is an amendment to the zoning resolution; | 3023 |
(3) A list of the addresses of all properties to be rezoned | 3024 |
or redistricted by the proposed amendment and of the names of | 3025 |
owners of | 3026 |
auditor's current tax list; | 3027 |
(4) The present zoning classification of property named in | 3028 |
the proposed amendment and the proposed zoning classification of | 3029 |
3030 |
(5) The time and place where the motion, application, or | 3031 |
resolution proposing to amend the zoning resolution will be | 3032 |
available for examination for a period of at least ten days prior | 3033 |
to the | 3034 |
(6) The name of the person responsible for giving notice of | 3035 |
the | 3036 |
publication and mail; | 3037 |
(7) Any other information requested by the board. | 3038 |
(G) If the proposed amendment alters the text of the zoning | 3039 |
resolution, or rezones or redistricts more than ten parcels of | 3040 |
land as listed on the county auditor's current tax list, the | 3041 |
published notice shall set forth the time, date, and place of the | 3042 |
public hearing | 3043 |
(1) The name of the board of township trustees that will be | 3044 |
conducting the
| 3045 |
(2) A statement indicating that the motion, application, or | 3046 |
resolution is an amendment to the zoning resolution; | 3047 |
(3) The time and place where the text and maps of the | 3048 |
proposed amendment will be available for examination for a period | 3049 |
of at least ten days prior to the | 3050 |
(4) The name of the person responsible for giving notice of | 3051 |
the | 3052 |
(5) Any other information requested by the board. | 3053 |
(H) Within twenty days after | 3054 |
board of township trustees shall either adopt or deny the | 3055 |
recommendations of the township zoning commission or adopt some | 3056 |
modification of them. If the board denies or modifies the | 3057 |
3058 | |
recommendations, the unanimous vote of the board shall be | 3059 |
required. | 3060 |
| 3061 |
become effective
in
thirty days after the date of | 3062 |
adoption, unless, within
thirty
days after the adoption | 3063 |
3064 | |
petition, signed by a number of registered electors residing in | 3065 |
the unincorporated area of the township or part of that | 3066 |
unincorporated area included in the zoning plan equal to not less | 3067 |
than eight per cent of the total vote cast for all candidates for | 3068 |
governor in | 3069 |
which a governor was elected, requesting the board of township | 3070 |
trustees to submit the amendment
to the
electors of | 3071 |
for approval or rejection at a special election to be held on the | 3072 |
day of the next primary or general election that occurs at least | 3073 |
seventy-five days after the petition is filed. Each part of this | 3074 |
petition shall contain the number and the full and correct title, | 3075 |
if any, of the zoning amendment resolution, motion, or | 3076 |
application, furnishing the name by which the amendment is known | 3077 |
and a brief summary of its contents. In addition to meeting the | 3078 |
requirements of this section, each petition shall be governed by | 3079 |
the rules specified in section 3501.38 of the Revised Code. | 3080 |
The form of a petition calling for a zoning referendum and | 3081 |
the statement of the circulator shall be substantially as follows: | 3082 |
3083 |
(if the proposal is identified by a particular name or number, or | 3084 |
both, these should be inserted here) ....................... | 3085 |
A proposal to amend the zoning map of the unincorporated area | 3086 |
of ............. Township, ................. County, Ohio, adopted | 3087 |
.....(date)..... (followed by brief summary of the proposal). | 3088 |
To the Board of Township Trustees of ..................... | 3089 |
Township, ................. County, Ohio: | 3090 |
...................... County, Ohio: | 3091 |
We, the undersigned, being electors residing in the | 3092 |
unincorporated area of ....................... Township, included | 3093 |
within the ............. Township Zoning Plan, equal to not less | 3094 |
than eight per cent of the total vote cast for all candidates for | 3095 |
governor in the area at the preceding general election at which a | 3096 |
governor was elected, request the Board of Township Trustees to | 3097 |
submit this amendment of the zoning resolution to the electors of | 3098 |
........................ Township residing within the | 3099 |
unincorporated area of the township included in the | 3100 |
.................. Township Zoning Resolution, for approval or | 3101 |
rejection at a special election to be held on the day of the | 3102 |
primary or general election to be held on .....(date)....., | 3103 |
pursuant to section 519.12 of the Revised Code. | 3104 |
Street Address | Date of | 3105 | |||||
Signature | or R.F.D. | Township | Precinct | County | Signing | 3106 |
.............................................................. | 3107 |
.............................................................. | 3108 |
3109 |
I, .............(name of circulator).........., declare under | 3110 |
penalty of election falsification that I am an elector of the | 3111 |
state of Ohio and reside at the address appearing below my | 3112 |
signature; that I am the circulator of the foregoing part petition | 3113 |
containing .......(number)....... signatures; that I have | 3114 |
witnessed the affixing of every signature; that all signers were | 3115 |
to the best of my knowledge and belief qualified to sign; and that | 3116 |
every signature is to the best of my knowledge and belief the | 3117 |
signature of the person whose signature it purports to be. | 3118 |
................................ | 3119 | ||
(Signature of circulator) | 3120 | ||
................................ | 3121 | ||
(Address) | 3122 | ||
................................ | 3123 | ||
(City, village, or township, | 3124 | ||
and zip code) | 3125 |
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY | 3126 |
OF THE FIFTH DEGREE." | 3127 |
The petition shall be filed | 3128 |
trustees and shall be accompanied by an appropriate map of the | 3129 |
area affected by the zoning proposal | 3130 |
after receiving a petition filed under this section, the board of | 3131 |
township trustees | 3132 |
3133 | |
3134 | |
A petition filed under this section shall be certified to the | 3135 |
board of elections not less than seventy-five days prior to the | 3136 |
election at which the question is to be voted upon. | 3137 |
The board of elections shall determine the sufficiency and | 3138 |
validity of each petition certified to it by a board of township | 3139 |
trustees under this section. If the board of elections determines | 3140 |
that a petition is sufficient and valid, the question shall be | 3141 |
voted upon at a special election to be held on the day of the next | 3142 |
primary or general election that occurs at least seventy-five days | 3143 |
after the date the petition is filed with the board of township | 3144 |
trustees, regardless of whether any election will be held to | 3145 |
nominate or elect candidates on that day. | 3146 |
No amendment for which such a referendum vote has been | 3147 |
requested shall be put into effect unless a majority of the vote | 3148 |
cast on the issue is in favor of the amendment. Upon certification | 3149 |
by the board of elections that the amendment has been approved by | 3150 |
the voters, it shall take immediate effect. | 3151 |
Within five working days after an amendment's effective date, | 3152 |
the board of township trustees shall file the text and maps of the | 3153 |
amendment in the office of the county recorder and with the | 3154 |
3155 |
| 3156 |
3157 | |
3158 | |
3159 | |
3160 | |
3161 |
The failure to file any amendment, or any text and maps, or | 3162 |
duplicates of any of these documents, with the office of the | 3163 |
county recorder or the county or regional planning commission as | 3164 |
required by this section does not invalidate the amendment and is | 3165 |
not grounds for an appeal of any decision of the board of zoning | 3166 |
appeals. | 3167 |
Sec. 519.16. For the purpose of enforcing the zoning | 3168 |
regulations, the board of township trustees may provide for a | 3169 |
system of zoning certificates,
| 3170 |
and fill the position of township zoning inspector, together with | 3171 |
3172 | |
compensation for
| 3173 |
for them. The
township
| 3174 |
secretary of the township zoning commission, secretary of the | 3175 |
township board of zoning appeals, and zoning inspector, and
| 3176 |
fiscal officer may
receive compensation for
| 3177 |
officer's services in addition to other compensation allowed by | 3178 |
law. | 3179 |
Sec. 519.161. The township zoning inspector, before entering | 3180 |
upon the duties
of
| 3181 |
bonding or surety company
authorized to do business in this state | 3182 |
or, at
| 3183 |
freeholders having real estate in the value of double the amount | 3184 |
of the
bond, over and above all
| 3185 |
state, in the sum of not less than one thousand or more than five | 3186 |
thousand dollars as fixed by the board of
township trustees.
| 3187 |
The surety company or real estate bond shall be approved by the | 3188 |
board of township trustees, and the bond shall be conditioned upon | 3189 |
the
faithful performance of
| 3190 |
duties.
| 3191 |
fiscal officer. | 3192 |
Sec. 519.211. (A) Except as otherwise provided in division | 3193 |
(B) or (C) of this section, sections 519.02 to 519.25 of the | 3194 |
Revised Code confer no power on any board of township trustees or | 3195 |
board of zoning appeals in respect to the location, erection, | 3196 |
construction, reconstruction, change, alteration, maintenance, | 3197 |
removal, use, or enlargement of any buildings or structures of any | 3198 |
public utility or railroad, whether publicly or privately owned, | 3199 |
or the use of land by any public utility or railroad, for the | 3200 |
operation of its business. | 3201 |
(B)(1) As used in this division, "telecommunications tower" | 3202 |
means any free-standing structure, or any structure to be attached | 3203 |
to a building or other structure, that meets all of the following | 3204 |
criteria: | 3205 |
(a) The free-standing or attached structure is proposed to be | 3206 |
constructed on or after October 31, 1996. | 3207 |
(b) The free-standing or attached structure is proposed to be | 3208 |
owned or principally used by a public utility engaged in the | 3209 |
provision of telecommunications services. | 3210 |
(c) The free-standing or attached structure is proposed to be | 3211 |
located in an unincorporated area of a township, in an area zoned | 3212 |
for residential use. | 3213 |
(d)(i) The free-standing structure is proposed to top at a | 3214 |
height that is greater than either the maximum allowable height of | 3215 |
residential structures within the zoned area as set forth in the | 3216 |
applicable zoning regulations, or the maximum allowable height of | 3217 |
such a free-standing structure as set forth in any applicable | 3218 |
zoning regulations in effect immediately prior to October 31, | 3219 |
1996, or as those regulations subsequently are amended. | 3220 |
(ii) The attached structure is proposed to top at a height | 3221 |
that is greater than either the height of the building or other | 3222 |
structure to which it is to be attached, or the maximum allowable | 3223 |
height of such an attached structure as set forth in any | 3224 |
applicable zoning regulations in effect immediately prior to | 3225 |
October 31, 1996, or as those regulations subsequently are | 3226 |
amended. | 3227 |
(e) The free-standing or attached structure is proposed to | 3228 |
have attached to it radio frequency transmission or reception | 3229 |
equipment. | 3230 |
(2) Sections 519.02 to 519.25 of the Revised Code confer | 3231 |
power on a board of township trustees or board of zoning appeals | 3232 |
with respect to the location, erection, construction, | 3233 |
reconstruction, change, alteration, removal, or enlargement of a | 3234 |
telecommunications tower, but not with respect to the maintenance | 3235 |
or use of such a tower or any change or alteration that would not | 3236 |
substantially increase the tower's height. However, the power so | 3237 |
conferred shall apply to a particular telecommunications tower | 3238 |
only upon the provision of a notice, in accordance with division | 3239 |
(B)(4)(a) of this section, to the person proposing to construct | 3240 |
the tower. | 3241 |
(3) Any person who plans to construct a telecommunications | 3242 |
tower in an area subject to township zoning regulations shall | 3243 |
provide both of the following by certified mail: | 3244 |
(a) Written notice to each owner of property, as shown on the | 3245 |
county auditor's current tax list, whose land is contiguous to or | 3246 |
directly across a street or roadway from the property on which the | 3247 |
tower is proposed to be constructed, stating all of the following | 3248 |
in clear and concise language: | 3249 |
(i) The person's intent to construct the tower; | 3250 |
(ii) A description of the property sufficient to identify the | 3251 |
proposed location; | 3252 |
(iii) That, no later than fifteen days after the date of | 3253 |
mailing of the notice, any such property owner may give written | 3254 |
notice to the board of township trustees requesting that sections | 3255 |
519.02 to 519.25 of the Revised Code apply to the proposed | 3256 |
location of the tower as provided under division (B)(4)(a) of this | 3257 |
section. | 3258 |
If the notice to a property owner is returned unclaimed or | 3259 |
refused, the person shall mail the notice by regular mail. The | 3260 |
failure of delivery of the notice does not invalidate the notice. | 3261 |
(b) Written notice to the board of township trustees of the | 3262 |
information specified in divisions (B)(3)(a)(i) and (ii) of this | 3263 |
section. The notice to the board also shall include verification | 3264 |
that the person has complied with division (B)(3)(a) of this | 3265 |
section. | 3266 |
(4)(a) If the board of township trustees receives notice from | 3267 |
a property owner under division (B)(3)(a)(iii) of this section | 3268 |
within the time specified in that division or if a board member | 3269 |
makes an objection to the proposed location of the | 3270 |
telecommunications tower within fifteen days after the date of | 3271 |
mailing of the notice sent under division (B)(3)(b) of this | 3272 |
section, the board shall
request that the | 3273 |
the township send the person proposing to construct the tower | 3274 |
written notice that the tower is subject to the power conferred by | 3275 |
and in accordance with division (B)(2) of this section. The notice | 3276 |
shall be sent no later than five days after the earlier of the | 3277 |
date the board first receives such a notice from a property owner | 3278 |
or the date upon which a board member makes an objection. Upon the | 3279 |
date of mailing of the notice to the person, sections 519.02 to | 3280 |
519.25 of the Revised Code shall apply to the tower. | 3281 |
(b) If the board of township trustees receives no notice | 3282 |
under division (B)(3)(a)(iii) of this section within the time | 3283 |
prescribed by that division or no board member has an objection as | 3284 |
provided under division (B)(4)(a) of this section within the time | 3285 |
prescribed by that division, division (A) of this section shall | 3286 |
apply to the tower without exception. | 3287 |
(C) Sections 519.02 to 519.25 of the Revised Code confer | 3288 |
power on a board of township trustees or board of zoning appeals | 3289 |
with respect to the location, erection, construction, | 3290 |
reconstruction, change, alteration, maintenance, removal, use, or | 3291 |
enlargement of any buildings or structures of a public utility | 3292 |
engaged in the business of transporting persons or property, or | 3293 |
both, or providing or furnishing such transportation service, over | 3294 |
any public street, road, or highway in this state, and with | 3295 |
respect to the use of land by any such public utility for the | 3296 |
operation of its business, to the extent that any exercise of such | 3297 |
power is reasonable and not inconsistent with Chapters 4901., | 3298 |
4903., 4905., 4909., 4921., and 4923. of the Revised Code. | 3299 |
However, this division confers no power on a board of township | 3300 |
trustees or board of zoning appeals with respect to a building or | 3301 |
structure of, or the use of land by, a person engaged in the | 3302 |
transportation of farm supplies to the farm or farm products from | 3303 |
farm to market or to food fabricating plants. | 3304 |
(D) Sections 519.02 to 519.25 of the Revised Code confer no | 3305 |
power on any township zoning commission, board of township | 3306 |
trustees, or board of zoning appeals to prohibit the sale or use | 3307 |
of alcoholic beverages in areas where the establishment and | 3308 |
operation of any retail business, hotel, lunchroom, or restaurant | 3309 |
is permitted. | 3310 |
(E)(1) Any person who plans to construct a telecommunications | 3311 |
tower within one hundred feet of a residential dwelling shall | 3312 |
provide a written notice to the owner of the residential dwelling | 3313 |
and to the person occupying the residence, if that person is not | 3314 |
the owner of the residence stating in clear and concise language | 3315 |
the person's intent to construct the tower and a description of | 3316 |
the property sufficient to identify the proposed location. The | 3317 |
notice shall be sent by certified mail. If the notice is returned | 3318 |
unclaimed or refused, the person shall mail the notice by regular | 3319 |
mail. The failure of delivery does not invalidate the notice. | 3320 |
(2) As used in division (E) of this section: | 3321 |
(a) "Residential dwelling" means a building used or intended | 3322 |
to be used as a personal residence by the owner, part-time owner, | 3323 |
or lessee of the building, or any person authorized by such a | 3324 |
person to use the building as a personal residence. | 3325 |
(b) "Telecommunications tower" has the same meaning as in | 3326 |
division (B)(1) of this section, except that the proposed location | 3327 |
of the free-standing or attached structure may be an area other | 3328 |
than an unincorporated area of a township, in an area zoned for | 3329 |
residential use. | 3330 |
Sec. 521.02. Upon
a petition filed with the township
| 3331 |
fiscal officer by one or more property owners whose property is | 3332 |
served by a private sewage collection tile, or upon the board's | 3333 |
own initiative by the adoption of a resolution, the board of | 3334 |
township trustees may repair or maintain a private sewage | 3335 |
collection tile within a township road right-of-way in the | 3336 |
township as provided
in
| 3337 |
3338 | |
fiscal officer shall give
| 3339 |
a notice of the filing of the petition | 3340 |
of the petition. | 3341 |
Sec. 521.03. On receiving a petition filed under section | 3342 |
521.02 of the Revised Code, or at the request of the board of | 3343 |
township trustees, the township
| 3344 |
time, not more than thirty days after the date of giving notice of | 3345 |
the filing to the board or the date of receiving the request from | 3346 |
the board, and place for a hearing on the issue of repair or | 3347 |
maintenance of
the tiles. The
| 3348 |
prepare a notice in writing directed to the lot and land owners | 3349 |
and to the corporations, either public or private, affected by the | 3350 |
improvement. The notice shall set forth the substance of the | 3351 |
petition or board request, and the time and place of the hearing | 3352 |
on it. | 3353 |
If the hearing is to be held in response to a petition, the | 3354 |
3355 | |
to any of the petitioners, who shall see that the notice is served | 3356 |
on each
lot
or land owner or left at
| 3357 |
usual place of residence, and served on an officer or agent of | 3358 |
each corporation affected by the improvement, at least fifteen | 3359 |
days before the date set for the hearing. If the hearing is to be | 3360 |
held at the request of the board, the board shall see that the | 3361 |
notice is so served. On or before the day of the hearing, the | 3362 |
person serving the notice shall certify, under oath, the time and | 3363 |
manner of service, and shall file this certification with the | 3364 |
3365 |
The
| 3366 |
hearing to each nonresident lot or land owner, by publication | 3367 |
once, in a newspaper published in and of general circulation in | 3368 |
the county in which the township is situated, at least two weeks | 3369 |
before the day set for the hearing. This notice shall be verified | 3370 |
by affidavit of the printer or other person knowing the fact, and | 3371 |
shall be
filed with the
| 3372 |
the day of the hearing. No further notice of the petition or the | 3373 |
proceedings under it shall thereafter be required. | 3374 |
Sec. 703.201. (A) As used in this section, "condition for | 3375 |
surrendering corporate powers" means any of the following: | 3376 |
(1) The village has been declared to be in a fiscal emergency | 3377 |
under Chapter 118. of the Revised Code and has been in fiscal | 3378 |
emergency for at least three consecutive years with little or no | 3379 |
improvement on the conditions that caused the fiscal emergency | 3380 |
declaration. | 3381 |
(2) The village has failed to properly follow applicable | 3382 |
election laws for at least two consecutive election cycles for any | 3383 |
one elected office in the village. | 3384 |
(3) The village has been declared during an audit conducted | 3385 |
under section 117.11 of the Revised Code to be unauditable under | 3386 |
section 117.41 of the Revised Code in at least two consecutive | 3387 |
audits. | 3388 |
(4) The village does not provide at least two services | 3389 |
typically provided by municipal government, such as police or fire | 3390 |
protection, garbage collection, water or sewer service, emergency | 3391 |
medical services, road maintenance, or similar services. | 3392 |
"Services" does not include any administrative service or | 3393 |
legislative action. | 3394 |
(5) The village has failed for any fiscal year to adopt the | 3395 |
tax budget required by section 5705.28 of the Revised Code. | 3396 |
(6) A village elected official has been convicted of theft in | 3397 |
office, either under section 2921.41 of the Revised Code or an | 3398 |
equivalent criminal statute at the federal level, at least two | 3399 |
times in a period of ten years. The convicted official with | 3400 |
respect to those convictions may be the same person or different | 3401 |
persons. | 3402 |
(B) If the auditor of state finds, in an audit report issued | 3403 |
under division (A) or (B) of section 117.11 of the Revised Code of | 3404 |
a village that has a population of one hundred fifty persons or | 3405 |
less and consists of less than two square miles, that the village | 3406 |
meets at least two conditions for surrendering corporate powers, | 3407 |
the auditor of state shall send a certified copy of the report | 3408 |
together with a letter to the attorney general requesting the | 3409 |
attorney general to institute legal action to dissolve the village | 3410 |
in accordance with division (C) of this section. The report and | 3411 |
letter shall be sent to the attorney general within ten business | 3412 |
days after the auditor of state's transmittal of the report to the | 3413 |
village. The audit report transmitted to the village shall be | 3414 |
accompanied by a notice to the village of the auditor's intent to | 3415 |
refer the report to the attorney general for legal action in | 3416 |
accordance with this section. | 3417 |
(C) Within twenty days of receipt of the auditor of state's | 3418 |
report and letter, the attorney general may file a legal action in | 3419 |
the court of common pleas on behalf of the state to request the | 3420 |
dissolution of the village that is the subject of the audit | 3421 |
report. If a legal action is filed, the court shall hold a hearing | 3422 |
within ninety days after the date the attorney general files the | 3423 |
legal action with the court. Notice of the hearing shall be filed | 3424 |
with the attorney general, the clerk of the village that is the | 3425 |
subject of the action, and each | 3426 |
located wholly or partly within the village. | 3427 |
At the hearing on dissolution, the court shall determine if | 3428 |
the village has a population of one hundred fifty persons or less, | 3429 |
consists of less than two square miles, and meets at least two | 3430 |
conditions for surrendering corporate powers. If the court so | 3431 |
finds, it shall order the dissolution of the village and provide | 3432 |
for the surrender of corporate powers in accordance with section | 3433 |
703.21 of the Revised Code. The attorney general shall file a | 3434 |
certified copy of the court's order of dissolution with the | 3435 |
secretary of state and the county recorder of the county in which | 3436 |
the village is situated, who shall record it in their respective | 3437 |
offices. Upon the recording in the county recorder's office, the | 3438 |
corporate powers of the village shall cease. | 3439 |
(D) For purposes of this section, the population of a village | 3440 |
shall be the population determined either at the last preceding | 3441 |
federal decennial census or according to population estimates | 3442 |
certified by the department of development between decennial | 3443 |
censuses. | 3444 |
(E) The procedure in this section is in addition to the | 3445 |
procedure of section 703.20 of the Revised Code for the surrender | 3446 |
of the corporate powers of a village. | 3447 |
Sec. 707.28. When a village or a city is incorporated from a | 3448 |
portion of a township, or portions of more than one township, a | 3449 |
proper division of the real and personal property of
| 3450 |
townships, and of the funds for township purposes which are in the | 3451 |
treasury, or in the process of collection, of the townships from | 3452 |
which the territory is taken, shall, upon application of the | 3453 |
village or city treasurer to the probate court of the county in | 3454 |
which the territory is situated, be determined and ordered | 3455 |
transferred to
| 3456 |
personal property, or, in the case of funds, paid to the village | 3457 |
or city treasurer. | 3458 |
In determining the portion of
| 3459 |
property and funds to which the village or city is entitled, the | 3460 |
indebtedness of each township shall be taken into consideration. | 3461 |
Ten days' notice of a hearing shall be given by the treasurer of | 3462 |
the applicant to the township
| 3463 |
township whose property and funds are sought to be divided. The | 3464 |
findings and orders of the probate court under this section shall | 3465 |
be final. | 3466 |
Sec. 709.023. (A) A petition filed under section 709.021 of | 3467 |
the Revised Code that requests to follow this section is for the | 3468 |
special procedure of annexing land into a municipal corporation | 3469 |
when, subject to division (H) of this section, the land also is | 3470 |
not to be excluded from the township under section 503.07 of the | 3471 |
Revised Code. The owners who sign this petition by their signature | 3472 |
expressly waive their right to appeal in law or equity from the | 3473 |
board of county commissioners' entry of any resolution under this | 3474 |
section, waive any rights they may have to sue on any issue | 3475 |
relating to a municipal corporation requiring a buffer as provided | 3476 |
in this section, and waive any rights to seek a variance that | 3477 |
would relieve or exempt them from that buffer requirement. | 3478 |
The petition circulated to collect signatures for the special | 3479 |
procedure in this section shall contain in boldface capital | 3480 |
letters immediately above the heading of the place for signatures | 3481 |
on each part of the petition the following: "WHOEVER SIGNS THIS | 3482 |
PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY | 3483 |
FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION | 3484 |
PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE, ALTHOUGH A WRIT | 3485 |
OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS | 3486 |
DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCEDURE." | 3487 |
(B) Upon the filing of the petition in the office of the | 3488 |
clerk of the board of county commissioners, the clerk shall cause | 3489 |
the petition to be entered upon the board's journal at its next | 3490 |
regular session. This entry shall be the first official act of the | 3491 |
board on the petition. Within five days after the filing of the | 3492 |
petition, the agent for the petitioners shall notify in the manner | 3493 |
and form specified in this division the clerk of the legislative | 3494 |
authority of the municipal corporation to which annexation is | 3495 |
proposed, the
| 3496 |
which is included within the territory proposed for annexation, | 3497 |
the clerk of the board of county commissioners of each county in | 3498 |
which the territory proposed for annexation is located other than | 3499 |
the county in which the petition is filed, and the owners of | 3500 |
property adjacent to the territory proposed for annexation or | 3501 |
adjacent to a road that is adjacent to that territory and located | 3502 |
directly across that road from that territory. The notice shall | 3503 |
refer to the time and date when the petition was filed and the | 3504 |
county in which it was filed and shall have attached or shall be | 3505 |
accompanied by a copy of the petition and any attachments or | 3506 |
documents accompanying the petition as filed. | 3507 |
Notice to a property owner is sufficient if sent by regular | 3508 |
United States mail to the tax mailing address listed on the county | 3509 |
auditor's records. Notice to the appropriate government officer | 3510 |
shall be given by certified mail, return receipt requested, or by | 3511 |
causing the notice to be personally served on the officer, with | 3512 |
proof of service by affidavit of the person who delivered the | 3513 |
notice. Proof of service of the notice on each appropriate | 3514 |
government officer shall be filed with the board of county | 3515 |
commissioners with which the petition was filed. | 3516 |
(C) Within twenty days after the date that the petition is | 3517 |
filed, the legislative authority of the municipal corporation to | 3518 |
which annexation is proposed shall adopt an ordinance or | 3519 |
resolution stating what services the municipal corporation will | 3520 |
provide, and an approximate date by which it will provide them, to | 3521 |
the territory proposed for annexation, upon annexation. The | 3522 |
municipal corporation is entitled in its sole discretion to | 3523 |
provide to the territory proposed for annexation, upon annexation, | 3524 |
services in addition to the services described in that ordinance | 3525 |
or resolution. | 3526 |
If the territory proposed for annexation is subject to zoning | 3527 |
regulations adopted under either Chapter 303. or 519. of the | 3528 |
Revised Code at the time the petition is filed, the legislative | 3529 |
authority of the municipal corporation also shall adopt an | 3530 |
ordinance or resolution stating that, if the territory is annexed | 3531 |
and becomes subject to zoning by the municipal corporation and | 3532 |
that municipal zoning permits uses in the annexed territory that | 3533 |
the municipal corporation determines are clearly incompatible with | 3534 |
the uses permitted under current county or township zoning | 3535 |
regulations in the adjacent land remaining within the township | 3536 |
from which the territory was annexed, the legislative authority of | 3537 |
the municipal corporation will require, in the zoning ordinance | 3538 |
permitting the incompatible uses, the owner of the annexed | 3539 |
territory to provide a buffer separating the use of the annexed | 3540 |
territory and the adjacent land remaining within the township. For | 3541 |
the purposes of this section, "buffer" includes open space, | 3542 |
landscaping, fences, walls, and other structured elements; streets | 3543 |
and street rights-of-way; and bicycle and pedestrian paths and | 3544 |
sidewalks. | 3545 |
The clerk of the legislative authority of the municipal | 3546 |
corporation to which annexation is proposed shall file the | 3547 |
ordinances or resolutions adopted under this division with the | 3548 |
board of county commissioners within twenty days following the | 3549 |
date that the petition is filed. The board shall make these | 3550 |
ordinances or resolutions available for public inspection. | 3551 |
(D) Within twenty-five days after the date that the petition | 3552 |
is filed, the legislative authority of the municipal corporation | 3553 |
to which annexation is proposed and each township any portion of | 3554 |
which is included within the territory proposed for annexation may | 3555 |
adopt and file with the board of county commissioners an ordinance | 3556 |
or resolution consenting or objecting to the proposed annexation. | 3557 |
An objection to the proposed annexation shall be based solely upon | 3558 |
the petition's failure to meet the conditions specified in | 3559 |
division (E) of this section. | 3560 |
If the municipal corporation and each of those townships | 3561 |
timely files an ordinance or resolution consenting to the proposed | 3562 |
annexation, the board at its next regular session shall enter upon | 3563 |
its journal a resolution granting the proposed annexation. If, | 3564 |
instead, the municipal corporation or any of those townships files | 3565 |
an ordinance or resolution that objects to the proposed | 3566 |
annexation, the board of county commissioners shall proceed as | 3567 |
provided in division (E) of this section. Failure of the municipal | 3568 |
corporation or any of those townships to timely file an ordinance | 3569 |
or resolution consenting or objecting to the proposed annexation | 3570 |
shall be deemed to constitute consent by that municipal | 3571 |
corporation or township to the proposed annexation. | 3572 |
(E) Unless the petition is granted under division (D) of this | 3573 |
section, not less than thirty or more than forty-five days after | 3574 |
the date that the petition is filed, the board of county | 3575 |
commissioners shall review it to determine if each of the | 3576 |
following conditions has been met: | 3577 |
(1) The petition meets all the requirements set forth in, and | 3578 |
was filed in the manner provided in, section 709.021 of the | 3579 |
Revised Code. | 3580 |
(2) The persons who signed the petition are owners of the | 3581 |
real estate located in the territory proposed for annexation and | 3582 |
constitute all of the owners of real estate in that territory. | 3583 |
(3) The territory proposed for annexation does not exceed | 3584 |
five hundred acres. | 3585 |
(4) The territory proposed for annexation shares a contiguous | 3586 |
boundary with the municipal corporation to which annexation is | 3587 |
proposed for a continuous length of at least five per cent of the | 3588 |
perimeter of the territory proposed for annexation. | 3589 |
(5) The annexation will not create an unincorporated area of | 3590 |
the township that is completely surrounded by the territory | 3591 |
proposed for annexation. | 3592 |
(6) The municipal corporation to which annexation is proposed | 3593 |
has agreed to provide to the territory proposed for annexation the | 3594 |
services specified in the relevant ordinance or resolution adopted | 3595 |
under division (C) of this section. | 3596 |
(7) If a street or highway will be divided or segmented by | 3597 |
the boundary line between the township and the municipal | 3598 |
corporation as to create a road maintenance problem, the municipal | 3599 |
corporation to which annexation is proposed has agreed as a | 3600 |
condition of the annexation to assume the maintenance of that | 3601 |
street or highway or to otherwise correct the problem. As used in | 3602 |
this section, "street" or "highway" has the same meaning as in | 3603 |
section 4511.01 of the Revised Code. | 3604 |
(F) Not less than thirty or more than forty-five days after | 3605 |
the date that the petition is filed, if the petition is not | 3606 |
granted under division (D) of this section, the board of county | 3607 |
commissioners, if it finds that each of the conditions specified | 3608 |
in division (E) of this section has been met, shall enter upon its | 3609 |
journal a resolution granting the annexation. If the board of | 3610 |
county commissioners finds that one or more of the conditions | 3611 |
specified in division (E) of this section have not been met, it | 3612 |
shall enter upon its journal a resolution that states which of | 3613 |
those conditions the board finds have not been met and that denies | 3614 |
the petition. | 3615 |
(G) If a petition is granted under division (D) or (F) of | 3616 |
this section, the clerk of the board of county commissioners shall | 3617 |
proceed as provided in division (C)(1) of section 709.033 of the | 3618 |
Revised Code, except that no recording or hearing exhibits would | 3619 |
be involved. There is no appeal in law or equity from the board's | 3620 |
entry of any resolution under this section, but any party may seek | 3621 |
a writ of mandamus to compel the board of county commissioners to | 3622 |
perform its duties under this section. | 3623 |
(H) Notwithstanding anything to the contrary in section | 3624 |
503.07 of the Revised Code, unless otherwise provided in an | 3625 |
annexation agreement entered into pursuant to section 709.192 of | 3626 |
the Revised Code or in a cooperative economic development | 3627 |
agreement entered into pursuant to section 701.07 of the Revised | 3628 |
Code, territory annexed into a municipal corporation pursuant to | 3629 |
this section shall not at any time be excluded from the township | 3630 |
under section 503.07 of the Revised Code and, thus, remains | 3631 |
subject to the township's real property taxes. | 3632 |
(I) Any owner of land that remains within a township and that | 3633 |
is adjacent to territory annexed pursuant to this section who is | 3634 |
directly affected by the failure of the annexing municipal | 3635 |
corporation to enforce compliance with any zoning ordinance it | 3636 |
adopts under division (C) of this section requiring the owner of | 3637 |
the annexed territory to provide a buffer zone, may commence in | 3638 |
the court of common pleas a civil action against that owner to | 3639 |
enforce compliance with that buffer requirement whenever the | 3640 |
required buffer is not in place before any development of the | 3641 |
annexed territory begins. | 3642 |
Sec. 709.024. (A) A petition filed under section 709.021 of | 3643 |
the Revised Code that requests to follow this section is for the | 3644 |
special procedure of annexing land into a municipal corporation | 3645 |
for the purpose of undertaking a significant economic development | 3646 |
project. As used in this section, "significant economic | 3647 |
development project" means one or more economic development | 3648 |
projects that can be classified as industrial, distribution, high | 3649 |
technology, research and development, or commercial, which | 3650 |
projects may include ancillary residential and retail uses and | 3651 |
which projects shall satisfy all of the following: | 3652 |
(1) Total private real and personal property investment in a | 3653 |
project shall be in excess of ten million dollars through land and | 3654 |
infrastructure, new construction, reconstruction, installation of | 3655 |
fixtures and equipment, or the addition of inventory, excluding | 3656 |
investment solely related to the ancillary residential and retail | 3657 |
elements, if any, of the project. As used in this division, | 3658 |
"private real and personal property investment" does not include | 3659 |
payments in lieu of taxes, however characterized, under Chapter | 3660 |
725. or 1728. or sections 5709.40 to 5709.43, 5709.73 to 5709.75, | 3661 |
or 5709.78 to 5709.81 of the Revised Code. | 3662 |
(2) There shall be created by the project an additional | 3663 |
annual payroll in excess of one million dollars, excluding payroll | 3664 |
arising solely out of the retail elements, if any, of the project. | 3665 |
(3) The project has been certified by the state director of | 3666 |
development as meeting the requirements of divisions (A)(1) and | 3667 |
(2) of this section. | 3668 |
(B) Upon the filing of the petition under section 709.021 of | 3669 |
the Revised Code in the office of the clerk of the board of county | 3670 |
commissioners, the clerk shall cause the petition to be entered | 3671 |
upon the journal of the board at its next regular session. This | 3672 |
entry shall be the first official act of the board on the | 3673 |
petition. Within five days after the filing of the petition, the | 3674 |
agent for the petitioners shall notify in the manner and form | 3675 |
specified in this division the clerk of the legislative authority | 3676 |
of the municipal corporation to which annexation is proposed, the | 3677 |
3678 | |
included within the territory proposed for annexation, the clerk | 3679 |
of the board of county commissioners of each county in which the | 3680 |
territory proposed for annexation is located other than the county | 3681 |
in which the petition is filed, and the owners of property | 3682 |
adjacent to the territory proposed for annexation or adjacent to a | 3683 |
road that is adjacent to that territory and located directly | 3684 |
across that road from that territory. The notice shall refer to | 3685 |
the time and date when the petition was filed and the county in | 3686 |
which it was filed and shall have attached or shall be accompanied | 3687 |
by a copy of the petition and any attachments or documents | 3688 |
accompanying the petition as filed. | 3689 |
Notice to a property owner is sufficient if sent by regular | 3690 |
United States mail to the tax mailing address listed on the county | 3691 |
auditor's records. Notice to the appropriate government officer | 3692 |
shall be given by certified mail, return receipt requested, or by | 3693 |
causing the notice to be personally served on the officer, with | 3694 |
proof of service by affidavit of the person who delivered the | 3695 |
notice. Proof of service of the notice on each appropriate | 3696 |
government officer shall be filed with the board of county | 3697 |
commissioners with which the petition was filed. | 3698 |
(C)(1) Within thirty days after the petition is filed, the | 3699 |
legislative authority of the municipal corporation to which | 3700 |
annexation is proposed and each township any portion of which is | 3701 |
included within the territory proposed for annexation may adopt | 3702 |
and file with the board of county commissioners an ordinance or | 3703 |
resolution consenting or objecting to the proposed annexation. An | 3704 |
objection to the proposed annexation shall be based solely upon | 3705 |
the petition's failure to meet the conditions specified in | 3706 |
division (F) of this section. Failure of the municipal corporation | 3707 |
or any of those townships to timely file an ordinance or | 3708 |
resolution consenting or objecting to the proposed annexation | 3709 |
shall be deemed to constitute consent by that municipal | 3710 |
corporation or township to the proposed annexation. | 3711 |
(2) Within twenty days after receiving the notice required by | 3712 |
division (B) of this section, the legislative authority of the | 3713 |
municipal corporation shall adopt, by ordinance or resolution, a | 3714 |
statement indicating what services the municipal corporation will | 3715 |
provide or cause to be provided, and an approximate date by which | 3716 |
it will provide or cause them to be provided, to the territory | 3717 |
proposed for annexation, upon annexation. If a hearing is to be | 3718 |
conducted under division (E) of this section, the legislative | 3719 |
authority shall file the statement with the clerk of the board of | 3720 |
county commissioners at least twenty days before the date of the | 3721 |
hearing. | 3722 |
(D) If all parties to the annexation proceedings consent to | 3723 |
the proposed annexation, a hearing shall not be held, and the | 3724 |
board, at its next regular session, shall enter upon its journal a | 3725 |
resolution granting the annexation. There is no appeal in law or | 3726 |
in equity from the board's entry of a resolution under this | 3727 |
division. The clerk of the board shall proceed as provided in | 3728 |
division (C)(1) of section 709.033 of the Revised Code. | 3729 |
(E) Unless the petition is granted under division (D) of this | 3730 |
section, a hearing shall be held on the petition. The board of | 3731 |
county commissioners shall hear the petition at its next regular | 3732 |
session and shall notify the agent for the petitioners of the | 3733 |
hearing's date, time, and place. The agent for the petitioners | 3734 |
shall give, within five days after receipt of the notice of the | 3735 |
hearing from the board, to the parties and property owners | 3736 |
entitled to notice under division (B) of this section, notice of | 3737 |
the date, time, and place of the hearing. Notice to a property | 3738 |
owner is sufficient if sent by regular United States mail to the | 3739 |
tax mailing address listed on the county auditor's records. At the | 3740 |
hearing, the parties and any owner of real estate within the | 3741 |
territory proposed to be annexed are entitled to appear for the | 3742 |
purposes described in division (C) of section 709.032 of the | 3743 |
Revised Code. | 3744 |
(F) Within thirty days after a hearing under division (E) of | 3745 |
this section, the board of county commissioners shall enter upon | 3746 |
its journal a resolution granting or denying the proposed | 3747 |
annexation. The resolution shall include specific findings of fact | 3748 |
as to whether or not each of the conditions listed in this | 3749 |
division has been met. If the board grants the annexation, the | 3750 |
clerk of the board shall proceed as provided in division (C)(1) of | 3751 |
section 709.033 of the Revised Code. | 3752 |
The board shall enter a resolution granting the annexation if | 3753 |
it finds, based upon a preponderance of the substantial, reliable, | 3754 |
and probative evidence on the whole record, that each of the | 3755 |
following conditions has been met: | 3756 |
(1) The petition meets all the requirements set forth in, and | 3757 |
was filed in the manner provided in, section 709.021 of the | 3758 |
Revised Code. | 3759 |
(2) The persons who signed the petition are owners of real | 3760 |
estate located in the territory proposed to be annexed in the | 3761 |
petition and constitute all of the owners of real estate in that | 3762 |
territory. | 3763 |
(3) No street or highway will be divided or segmented by the | 3764 |
boundary line between a township and the municipal corporation as | 3765 |
to create a road maintenance problem, or if the street or highway | 3766 |
will be so divided or segmented, the municipal corporation has | 3767 |
agreed, as a condition of the annexation, that it will assume the | 3768 |
maintenance of that street or highway. For the purposes of this | 3769 |
division, "street" or "highway" has the same meaning as in section | 3770 |
4511.01 of the Revised Code. | 3771 |
(4) The municipal corporation to which the territory is | 3772 |
proposed to be annexed has adopted an ordinance or resolution as | 3773 |
required by division (C)(2) of this section. | 3774 |
(5) The state director of development has certified that the | 3775 |
project meets the requirements of divisions (A)(1) and (2) of this | 3776 |
section and thereby qualifies as a significant economic | 3777 |
development project. The director's certification is binding on | 3778 |
the board of county commissioners. | 3779 |
(G) An owner who signed the petition may appeal a decision of | 3780 |
the board of county commissioners denying the proposed annexation | 3781 |
under section 709.07 of the Revised Code. No other person has | 3782 |
standing to appeal the board's decision in law or in equity. If | 3783 |
the board grants the annexation, there shall be no appeal in law | 3784 |
or in equity. | 3785 |
(H) Notwithstanding anything to the contrary in section | 3786 |
503.07 of the Revised Code, unless otherwise provided in an | 3787 |
annexation agreement entered into pursuant to section 709.192 of | 3788 |
the Revised Code or in a cooperative economic development | 3789 |
agreement entered into pursuant to section 701.07 of the Revised | 3790 |
Code, territory annexed into a municipal corporation pursuant to | 3791 |
this section shall not at any time be excluded from the township | 3792 |
under section 503.07 of the Revised Code and, thus, remains | 3793 |
subject to the township's real property taxes. | 3794 |
(I) A municipal corporation to which annexation is proposed | 3795 |
is entitled in its sole discretion to provide to the territory | 3796 |
proposed for annexation, upon annexation, services in addition to | 3797 |
the services described in the ordinance or resolution adopted by | 3798 |
the legislative authority of the municipal corporation under | 3799 |
division (C)(2) of this section. | 3800 |
Sec. 709.03. The petition required by section 709.02 of the | 3801 |
Revised Code shall be filed in the office of the board of county | 3802 |
commissioners, and the clerk shall cause the petition to be | 3803 |
entered upon the record of proceedings of the board, which entry | 3804 |
shall be the first official act of the board on the annexation | 3805 |
petition, and shall cause the petition to be filed in the office | 3806 |
of the county auditor, where it shall be subject to the inspection | 3807 |
of any interested person. The agent for the petitioners shall | 3808 |
cause written notice of the filing of the petition with the board | 3809 |
of
county commissioners and the date of
| 3810 |
delivered to the clerk of the legislative authority of the | 3811 |
municipal corporation to which annexation is proposed and to the | 3812 |
3813 | |
included within the territory sought to be annexed. Any person who | 3814 |
signed the
| 3815 |
person's signature by filing with the clerk of the board of county | 3816 |
commissioners a written notice of withdrawal of
| 3817 |
signature
within twenty days after
| 3818 |
delivered to
the
| 3819 |
the person resides. Thereafter, signatures may be withdrawn or | 3820 |
removed only in the manner authorized by section 709.032 of the | 3821 |
Revised Code. | 3822 |
Sec. 709.033. (A) After the hearing on a petition for | 3823 |
annexation, the board of county commissioners shall enter upon its | 3824 |
journal a resolution granting the annexation if it finds, based | 3825 |
upon a preponderance of the substantial, reliable, and probative | 3826 |
evidence on the whole record, that each of the following | 3827 |
conditions has been met: | 3828 |
(1) The petition meets all the requirements set forth in, and | 3829 |
was filed in the manner provided in, section 709.02 of the Revised | 3830 |
Code. | 3831 |
(2) The persons who signed the petition are owners of real | 3832 |
estate located in the territory proposed to be annexed in the | 3833 |
petition, and, as of the time the petition was filed with the | 3834 |
board of county commissioners, the number of valid signatures on | 3835 |
the petition constituted a majority of the owners of real estate | 3836 |
in that territory. | 3837 |
(3) The municipal corporation to which the territory is | 3838 |
proposed to be annexed has complied with division (D) of section | 3839 |
709.03 of the Revised Code. | 3840 |
(4) The territory proposed to be annexed is not unreasonably | 3841 |
large. | 3842 |
(5) On balance, the general good of the territory proposed to | 3843 |
be annexed will be served, and the benefits to the territory | 3844 |
proposed to be annexed and the surrounding area will outweigh the | 3845 |
detriments to the territory proposed to be annexed and the | 3846 |
surrounding area, if the annexation petition is granted. As used | 3847 |
in division (A)(5) of this section, "surrounding area" means the | 3848 |
territory within the unincorporated area of any township located | 3849 |
one-half mile or less from any of the territory proposed to be | 3850 |
annexed. | 3851 |
(6) No street or highway will be divided or segmented by the | 3852 |
boundary line between a township and the municipal corporation as | 3853 |
to create a road maintenance problem, or, if a street or highway | 3854 |
will be so divided or segmented, the municipal corporation has | 3855 |
agreed, as a condition of the annexation, that it will assume the | 3856 |
maintenance of that street or highway. For the purposes of this | 3857 |
division, "street" or "highway" has the same meaning as in section | 3858 |
4511.01 of the Revised Code. | 3859 |
(B) The board of county commissioners shall enter upon its | 3860 |
journal a resolution granting or denying the petition for | 3861 |
annexation within thirty days after the hearing provided for in | 3862 |
section 709.032 of the Revised Code. The resolution shall include | 3863 |
specific findings of fact as to whether each of the conditions | 3864 |
listed in divisions (A)(1) to (6) of this section has been met. | 3865 |
Upon journalization of the resolution, the clerk of the board | 3866 |
shall send a certified copy of it to the agent for the | 3867 |
petitioners, the clerk of the legislative authority of the | 3868 |
municipal corporation to which
annexation is
proposed,
the | 3869 |
fiscal officer of each township in which the territory proposed | 3870 |
for annexation is located, and the clerk of the board of county | 3871 |
commissioners of each county in which the territory proposed for | 3872 |
annexation is located other than the county in which the petition | 3873 |
is filed. The clerk of the board shall take no further action | 3874 |
until the expiration of thirty days after the date of | 3875 |
journalization. | 3876 |
(C) After the expiration of that thirty-day period, if no | 3877 |
appeal has been timely filed under section 709.07 of the Revised | 3878 |
Code, the clerk of the board of county commissioners shall take | 3879 |
one of the following actions: | 3880 |
(1) If the board granted the petition for annexation, the | 3881 |
clerk shall deliver a certified copy of the entire record of the | 3882 |
annexation proceedings, including all resolutions of the board, | 3883 |
signed by a majority of the members of the board, the petition, | 3884 |
map, and all other papers on file, the recording of the | 3885 |
proceedings, if a copy is available, and exhibits presented at the | 3886 |
hearing relating to the annexation proceedings, to the auditor or | 3887 |
clerk of the municipal corporation to which annexation is | 3888 |
proposed. | 3889 |
(2) If the board denied the petition for annexation, the | 3890 |
clerk shall send a certified copy of its resolution denying the | 3891 |
annexation to the agent for the petitioners and to the clerk of | 3892 |
the municipal corporation to which the annexation was proposed. | 3893 |
(D) If an appeal is filed in a timely manner under section | 3894 |
709.07 of the Revised Code from the determination of the board of | 3895 |
county commissioners granting or denying the petition for | 3896 |
annexation, the clerk of the board shall take further action only | 3897 |
in accordance with that section. | 3898 |
Sec. 709.46. (A) If the question of merging one or more | 3899 |
municipal corporations and the unincorporated area of a township, | 3900 |
as provided in section 709.45 of the Revised Code, is disapproved | 3901 |
by a majority of those voting on it in the township or a municipal | 3902 |
corporation proposed to be merged or in the municipal corporation | 3903 |
with which merger is proposed, no further petitions shall be filed | 3904 |
under that section proposing the same merger for at least three | 3905 |
years after the date of that disapproval. | 3906 |
If the question of merging is approved by a majority of those | 3907 |
voting on it in each political subdivision proposed to be merged | 3908 |
and in the municipal corporation with which merger is proposed, | 3909 |
the five candidates from each of those political subdivisions | 3910 |
shall be elected to the commission to formulate the conditions of | 3911 |
merging the political subdivisions. The first meeting of the | 3912 |
commission shall be held in the chamber of the legislative | 3913 |
authority of the municipal corporation that has the smallest | 3914 |
population or, in the case of a merger of the unincorporated area | 3915 |
of a township and one or more municipal corporations, in the | 3916 |
office of the board of township trustees, at nine a.m. on the | 3917 |
tenth day after the certification of the election by the last of | 3918 |
the respective boards of elections to make that certification, | 3919 |
unless that day is a Saturday, Sunday, or holiday, in which case | 3920 |
the first meeting shall be held on the next day thereafter which | 3921 |
is not a Saturday, Sunday, or holiday. | 3922 |
The clerk of the municipal legislative authority or the | 3923 |
fiscal officer of the board of township trustees in whose chamber | 3924 |
or office the first meeting of the commission is held shall serve | 3925 |
as temporary chairperson until permanent officers are elected. The | 3926 |
commission shall elect its own permanent officers and shall | 3927 |
proceed to meet as often as necessary to formulate conditions for | 3928 |
merger that are satisfactory to a majority of the members of the | 3929 |
commission from each political subdivision. | 3930 |
(B) In case of a vacancy on the commission, the vacancy shall | 3931 |
be filled by an appointee of the legislative authority of the | 3932 |
municipal corporation, or the board of township trustees of the | 3933 |
township, that the prior commissioner represented. The person | 3934 |
appointed to fill the vacancy shall be an elector of that | 3935 |
political subdivision and, if the person is representing a | 3936 |
township, shall reside in the unincorporated area of that | 3937 |
township. | 3938 |
(C) The costs of the commission shall be divided among the | 3939 |
participating political subdivisions in proportion to the | 3940 |
population that each participating political subdivision bears to | 3941 |
the total population of the territory proposed to be merged. For | 3942 |
these purposes, a township's population shall be based solely upon | 3943 |
the population of the unincorporated area of the township proposed | 3944 |
to be merged. It shall be a proper public purpose for a municipal | 3945 |
corporation or township to expend general fund moneys for these | 3946 |
payments. | 3947 |
(D) All meetings of the commission shall be subject to the | 3948 |
requirements of section 121.22 of the Revised Code. | 3949 |
Sec. 711.05. (A) Upon the submission of a plat for approval, | 3950 |
in accordance with section 711.041 of the Revised Code, the board | 3951 |
of county commissioners shall certify on it the date of the | 3952 |
submission. Within five days of submission of the plat, the board | 3953 |
shall schedule a meeting to consider the plat and send a written | 3954 |
notice by regular mail to
the | 3955 |
township trustees of the township in which the plat is located and | 3956 |
the board of health of the health district in which the plat is | 3957 |
located. The notice shall inform the trustees and the board of | 3958 |
health of the submission of the plat and of the date, time, and | 3959 |
location of any meeting at which the board of county commissioners | 3960 |
will consider or act upon the proposed plat. The meeting shall | 3961 |
take place within thirty days of submission of the plat, and no | 3962 |
meeting shall be held until at least seven days have passed from | 3963 |
the date the notice was sent by the board of county commissioners. | 3964 |
The approval of the board required by section 711.041 of the | 3965 |
Revised Code or the refusal to approve shall take place within | 3966 |
thirty days from the date of submission or such further time as | 3967 |
the applying party may agree to in writing; otherwise, the plat is | 3968 |
deemed approved and may be recorded as if bearing such approval. | 3969 |
(B) The board may adopt general rules governing plats and | 3970 |
subdivisions of land falling within its jurisdiction, to secure | 3971 |
and provide for the coordination of the streets within the | 3972 |
subdivision with existing streets and roads or with existing | 3973 |
county highways, for the proper amount of open spaces for traffic, | 3974 |
circulation, and utilities, and for the avoidance of future | 3975 |
congestion of population detrimental to the public health, safety, | 3976 |
or welfare, but shall not impose a greater minimum lot area than | 3977 |
forty-eight hundred square feet. Before the board may amend or | 3978 |
adopt rules, it shall notify all the townships in the county of | 3979 |
the proposed amendments or rules by regular mail at least thirty | 3980 |
days before the public meeting at which the proposed amendments or | 3981 |
rules are to be considered. | 3982 |
The rules may require the board of health to review and | 3983 |
comment on a plat before the board of county commissioners acts | 3984 |
upon it and may also require proof of compliance with any | 3985 |
applicable zoning resolutions, and with household sewage treatment | 3986 |
rules adopted under section 3718.02 of the Revised Code, as a | 3987 |
basis for approval of a plat. Where under section 711.101 of the | 3988 |
Revised Code the board of county commissioners has set up | 3989 |
standards and specifications for the construction of streets, | 3990 |
utilities, and other improvements for common use, the general | 3991 |
rules may require the submission of appropriate plans and | 3992 |
specifications for approval. The board shall not require the | 3993 |
person submitting the plat to alter the plat or any part of it as | 3994 |
a condition for approval, as long as the plat is in accordance | 3995 |
with general rules governing plats and subdivisions of land, | 3996 |
adopted by the board as provided in this section, in effect at the | 3997 |
time the plat was submitted and the plat is in accordance with any | 3998 |
standards and specifications set up under section 711.101 of the | 3999 |
Revised Code, in effect at the time the plat was submitted. | 4000 |
(C) The ground of refusal to approve any plat, submitted in | 4001 |
accordance with section 711.041 of the Revised Code, shall be | 4002 |
stated upon the record of the board, and, within sixty days | 4003 |
thereafter, the person submitting any plat that the board refuses | 4004 |
to approve may file a petition in the court of common pleas of the | 4005 |
county in which the land described in the plat is situated to | 4006 |
review the action of the board. A board of township trustees is | 4007 |
not entitled to appeal a decision of the board of county | 4008 |
commissioners under this section. | 4009 |
Sec. 711.10. (A) Whenever a county planning commission or a | 4010 |
regional planning commission adopts a plan for the major streets | 4011 |
or highways of the county or region, no plat of a subdivision of | 4012 |
land within the county or region, other than land within a | 4013 |
municipal corporation or land within three miles of a city or one | 4014 |
and one-half miles of a village as provided in section 711.09 of | 4015 |
the Revised Code, shall be recorded until it is approved by the | 4016 |
county or regional planning commission under division (C) of this | 4017 |
section and the approval is endorsed in writing on the plat. | 4018 |
(B) A county or regional planning commission may require the | 4019 |
submission of a preliminary plan for each plat sought to be | 4020 |
recorded. If the commission requires this submission, it shall | 4021 |
provide for a review process for the preliminary plan. Under this | 4022 |
review process, the planning commission shall give its approval, | 4023 |
its approval with conditions, or its disapproval of each | 4024 |
preliminary plan. The commission's decision shall be in writing, | 4025 |
shall be under the signature of the secretary of the commission, | 4026 |
and shall be issued within thirty-five business days after the | 4027 |
submission of the preliminary plan to the commission. The | 4028 |
disapproval of a preliminary plan shall state the reasons for the | 4029 |
disapproval. A decision of the commission under this division is | 4030 |
preliminary to and separate from the commission's decision to | 4031 |
approve, conditionally approve, or refuse to approve a plat under | 4032 |
division (C) of this section. | 4033 |
(C) Within five calendar days after the submission of a plat | 4034 |
for approval under this division, the county or regional planning | 4035 |
commission shall schedule a meeting to consider the plat and send | 4036 |
a notice by regular mail or by electronic mail
to the | 4037 |
officer of the board of township trustees of the township in which | 4038 |
the plat is located and the board of health of the health district | 4039 |
in which the plat is located. The notice shall inform the trustees | 4040 |
and the board of health of the submission of the plat and of the | 4041 |
date, time, and location of any meeting at which the county or | 4042 |
regional planning commission will consider or act upon the plat. | 4043 |
The meeting shall take place within thirty calendar days after | 4044 |
submission of the plat, and no meeting shall be held until at | 4045 |
least seven calendar days have passed from the date the planning | 4046 |
commission sent the notice. | 4047 |
The approval of the county or regional planning commission, | 4048 |
the commission's conditional approval as described in this | 4049 |
division, or the refusal of the commission to approve shall be | 4050 |
endorsed on the plat within thirty calendar days after the | 4051 |
submission of the plat for approval under this division or within | 4052 |
such further time as the applying party may agree to in writing; | 4053 |
otherwise that plat is deemed approved, and the certificate of the | 4054 |
commission as to the date of the submission of the plat for | 4055 |
approval under this division and the failure to take action on it | 4056 |
within that time shall be sufficient in lieu of the written | 4057 |
endorsement or evidence of approval required by this division. | 4058 |
A county or regional planning commission may grant | 4059 |
conditional approval under this division to a plat by requiring a | 4060 |
person submitting the plat to alter the plat or any part of it, | 4061 |
within a specified period after the end of the thirty calendar | 4062 |
days, as a condition for final approval under this division. Once | 4063 |
all the conditions have been met within the specified period, the | 4064 |
commission shall cause its final approval under this division to | 4065 |
be endorsed on the plat. No plat shall be recorded until it is | 4066 |
endorsed with the commission's final or unconditional approval | 4067 |
under this division. | 4068 |
The ground of refusal of approval of any plat submitted under | 4069 |
this division, including citation of or reference to the rule | 4070 |
violated by the plat, shall be stated upon the record of the | 4071 |
county or regional planning commission. Within sixty calendar days | 4072 |
after the refusal under this division, the person submitting any | 4073 |
plat that the commission refuses to approve under this division | 4074 |
may file a petition in the court of common pleas of the proper | 4075 |
county, and the proceedings on the petition shall be governed by | 4076 |
section 711.09 of the Revised Code as in the case of the refusal | 4077 |
of a planning authority to approve a plat. A board of township | 4078 |
trustees is not entitled to appeal a decision of the commission | 4079 |
under this division. | 4080 |
A county or regional planning commission shall adopt general | 4081 |
rules, of uniform application, governing plats and subdivisions of | 4082 |
land falling within its jurisdiction, to secure and provide for | 4083 |
the proper arrangement of streets or other highways in relation to | 4084 |
existing or planned streets or highways or to the county or | 4085 |
regional plan, for adequate and convenient open spaces for | 4086 |
traffic, utilities, access of firefighting apparatus, recreation, | 4087 |
light, and air, and for the avoidance of congestion of population. | 4088 |
The rules may provide for their modification by the commission in | 4089 |
specific cases where unusual topographical and other exceptional | 4090 |
conditions require the modification. The rules may require the | 4091 |
board of health to review and comment on a plat before the | 4092 |
commission acts upon it and also may require proof of compliance | 4093 |
with any applicable zoning resolutions, and with household sewage | 4094 |
treatment rules adopted under section 3718.02 of the Revised Code, | 4095 |
as a basis for approval of a plat. | 4096 |
Before adoption of its rules or amendment of its rules, the | 4097 |
commission shall hold a public hearing on the adoption or | 4098 |
amendment. Notice of the public hearing shall be sent to all | 4099 |
townships in the county or region by regular mail or electronic | 4100 |
mail at least thirty business days before the hearing. No county | 4101 |
or regional planning commission shall adopt any rules requiring | 4102 |
actual construction of streets or other improvements or facilities | 4103 |
or assurance of that construction as a condition precedent to the | 4104 |
approval of a plat of a subdivision unless the requirements have | 4105 |
first been adopted by the board of county commissioners after a | 4106 |
public hearing. A copy of the rules shall be certified by the | 4107 |
planning commission to the county recorders of the appropriate | 4108 |
counties. | 4109 |
After a county or regional street or highway plan has been | 4110 |
adopted as provided in this section, the approval of plats and | 4111 |
subdivisions provided for in this section shall be in lieu of any | 4112 |
approvals provided for in other sections of the Revised Code, | 4113 |
insofar as the territory within the approving jurisdiction of the | 4114 |
county or regional planning commission, as provided in this | 4115 |
section, is concerned. Approval of a plat shall not be an | 4116 |
acceptance by the public of the dedication of any street, highway, | 4117 |
or other way or open space shown upon the plat. | 4118 |
No county or regional planning commission shall require a | 4119 |
person submitting a plat to alter the plat or any part of it as | 4120 |
long as the plat is in accordance with the general rules governing | 4121 |
plats and subdivisions of land, adopted by the commission as | 4122 |
provided in this section, in effect at the time the plat is | 4123 |
submitted. | 4124 |
A county or regional planning commission and a city or | 4125 |
village planning commission, or platting commissioner or | 4126 |
legislative authority of a village, with subdivision regulation | 4127 |
jurisdiction over unincorporated territory within the county or | 4128 |
region may cooperate and agree by written agreement that the | 4129 |
approval of a plat by the city or village planning commission, or | 4130 |
platting commissioner or legislative authority of a village, as | 4131 |
provided in section 711.09 of the Revised Code, shall be | 4132 |
conditioned upon receiving advice from or approval by the county | 4133 |
or regional planning commission. | 4134 |
(D) As used in this section, "business day" means a day of | 4135 |
the week excluding Saturday, Sunday, or a legal holiday as defined | 4136 |
in section 1.14 of the Revised Code. | 4137 |
Sec. 715.691. (A) As used in this section: | 4138 |
(1) "Contracting party" means a municipal corporation that | 4139 |
has entered into a joint economic development zone contract or any | 4140 |
party succeeding to
| 4141 |
township that entered into a joint economic development zone | 4142 |
contract with a municipal corporation. | 4143 |
(2) "Zone" means a joint economic development zone designated | 4144 |
under this section. | 4145 |
(B) This section provides alternative procedures and | 4146 |
requirements for creating and operating a joint economic | 4147 |
development zone to those set forth in section 715.69 of the | 4148 |
Revised Code. This section applies only if one of the contracting | 4149 |
parties to the zone does not levy a municipal income tax under | 4150 |
Chapter 718. of the Revised Code. A municipal corporation that | 4151 |
does not levy a municipal income tax may enter into an agreement | 4152 |
to create and operate a joint economic development zone under this | 4153 |
section or under section 715.69 of the Revised Code. | 4154 |
Two or more municipal corporations or one or more townships | 4155 |
and one or more municipal corporations may enter into a contract | 4156 |
whereby they agree to share in the costs of improvements for an | 4157 |
area or areas located in one or more of the contracting parties | 4158 |
that they designate as a joint economic development zone for the | 4159 |
purpose of facilitating new or expanded growth for commercial or | 4160 |
economic development in the state. The contract and zone shall | 4161 |
meet the requirements of divisions (B) to (J) of this section. | 4162 |
(C) The contract shall set forth each contracting party's | 4163 |
contribution to the joint economic development zone. The | 4164 |
contributions may be in any form that the contracting parties | 4165 |
agree to, and may include, but are not limited to, the provision | 4166 |
of services, money, or equipment. The contract may be amended, | 4167 |
renewed, or terminated with the consent of the contracting | 4168 |
parties. The contract shall continue in existence throughout the | 4169 |
term it specifies and shall be binding on the contracting parties | 4170 |
and on any entities succeeding to the contracting parties. | 4171 |
(D) Before the legislative authority of any of the | 4172 |
contracting parties enacts an ordinance or resolution approving a | 4173 |
contract to designate a joint economic development zone, the | 4174 |
legislative authority of each of the contracting parties shall | 4175 |
hold a public hearing concerning the contract and zone. Each
| 4176 |
legislative authority shall provide at least thirty days' public | 4177 |
notice of the time and place of the public hearing in a newspaper | 4178 |
of general circulation in the municipal corporation or township. | 4179 |
During the thirty-day period prior to the public hearing, all of | 4180 |
the following documents shall be available for public inspection | 4181 |
in the office of the clerk of the legislative authority of
| 4182 |
municipal corporation that is a contracting party and in the | 4183 |
office of the fiscal officer of
| 4184 |
contracting
| 4185 |
(1) A copy of the contract designating the zone; | 4186 |
(2) A description of the area or areas to be included in the | 4187 |
zone, including a map in sufficient detail to denote the specific | 4188 |
boundaries of the area or areas; | 4189 |
(3) An economic development plan for the zone that includes a | 4190 |
schedule for the provision of any new, expanded, or additional | 4191 |
services, facilities, or improvements. | 4192 |
A public hearing held under division (D) of this section | 4193 |
shall allow for public comment and recommendations on the contract | 4194 |
and zone. The contracting parties may include in the contract any | 4195 |
of those recommendations prior to approval of the contract. | 4196 |
(E) After the public hearings required under division (D) of | 4197 |
this section have been held, each contracting party may enact an | 4198 |
ordinance or resolution approving the contract to designate a | 4199 |
joint economic development zone. After each contracting party has | 4200 |
enacted
| 4201 |
legislative authority of
| 4202 |
contracting party and the fiscal officer of a township that is a | 4203 |
contracting party shall file with the board of elections of each | 4204 |
county within which a contracting party is located a copy of the | 4205 |
ordinance or resolution approving the contract and shall direct | 4206 |
the board of elections to submit the ordinance or resolution to | 4207 |
the electors of the contracting party on the day of the next | 4208 |
general, primary, or special election occurring at least | 4209 |
seventy-five days after the ordinance or resolution is filed with | 4210 |
the board of elections. If any of the contracting parties is a | 4211 |
township, however, then only the township or townships shall | 4212 |
submit the resolution to the electors. | 4213 |
(F)(1) If a vote is required to approve a municipal | 4214 |
corporation as a contracting party to a joint economic development | 4215 |
zone under this section, the ballot shall be in the following | 4216 |
form: | 4217 |
"Shall the ordinance of the legislative authority of the | 4218 |
(city or village) of (name of contracting party) approving the | 4219 |
contract with (name of each other contracting party) for the | 4220 |
designation of a joint economic development zone be approved? | 4221 |
4222 |
FOR THE ORDINANCE AND CONTRACT | 4223 | ||||
AGAINST THE ORDINANCE AND CONTRACT | " | 4224 |
4225 |
(2) If a vote is required to approve a township as a | 4226 |
contracting party to a joint economic development zone under this | 4227 |
section, the ballot shall be in the following form: | 4228 |
"Shall the resolution of the board of township trustees of | 4229 |
the township of (name of contracting party) approving the contract | 4230 |
with (name of each other contracting party) for the designation of | 4231 |
a joint economic development zone be approved? | 4232 |
4233 |
FOR THE RESOLUTION AND CONTRACT | 4234 | ||||
AGAINST THE RESOLUTION AND CONTRACT | " | 4235 |
4236 |
If a majority of the electors of each contracting party | 4237 |
voting on the issue vote for the ordinance or resolution and | 4238 |
contract, the ordinance or resolution shall become effective | 4239 |
immediately and the contract shall go into effect immediately or | 4240 |
in accordance with its terms. | 4241 |
(G)(1) A board of directors shall govern each joint economic | 4242 |
development zone created under section 715.691 of the Revised | 4243 |
Code. The members of the board shall be appointed as provided in | 4244 |
the contract. Each of the contracting parties shall appoint three | 4245 |
members to the board. Terms for each member shall be for two | 4246 |
years, each term ending on the same day of the month of the year | 4247 |
as did the term that it succeeds. A member may be reappointed to | 4248 |
the board. | 4249 |
(2) Membership on the board is not the holding of a public | 4250 |
office or employment within the meaning of any section of the | 4251 |
Revised Code or any charter provision prohibiting the holding of | 4252 |
other public office or employment. Membership on the board is not | 4253 |
a direct or indirect interest in a contract or expenditure of | 4254 |
money by a municipal corporation, township, county, or other | 4255 |
political subdivision with which a member may be affiliated. | 4256 |
Notwithstanding any provision of law or a charter to the contrary, | 4257 |
no member of the board shall forfeit or be disqualified from | 4258 |
holding any public office or employment by reason of membership on | 4259 |
the board. | 4260 |
(3) The board is a public body for the purposes of section | 4261 |
121.22 of the Revised Code. Chapter 2744. of the Revised Code | 4262 |
applies to the board and the zone. | 4263 |
(H) The contract may grant to the board of directors | 4264 |
appointed under division (G) of this section the power to adopt a | 4265 |
resolution to levy an income tax within the zone. The income tax | 4266 |
shall be used for the purposes of the zone and for the purposes of | 4267 |
the contracting municipal corporations pursuant to the contract. | 4268 |
The income tax may be levied in the zone based on income earned by | 4269 |
persons working within the zone and on the net profits of | 4270 |
businesses located in the zone. The income tax is subject to | 4271 |
Chapter 718. of the Revised Code, except that a vote shall be | 4272 |
required by the electors residing in the zone to approve the rate | 4273 |
of income tax unless a majority of the electors residing within | 4274 |
the zone, as determined by the total number of votes cast in the | 4275 |
zone for the office of governor at the most recent general | 4276 |
election for that office, submit a petition to the board | 4277 |
requesting that the election provided for in division (H)(1) of | 4278 |
this section not be held. If no electors reside within the zone, | 4279 |
then division (H)(3) of this section applies. The rate of the | 4280 |
income tax shall be no higher than the highest rate being levied | 4281 |
by a municipal corporation that is a party to the contract. | 4282 |
(1) The board of directors may levy an income tax at a rate | 4283 |
that is not higher than the highest rate being levied by a | 4284 |
municipal corporation that is a party to the contract, provided | 4285 |
that the rate of the income tax is first submitted to and approved | 4286 |
by the electors of the zone at the succeeding regular or primary | 4287 |
election, or a special election called by the board, occurring | 4288 |
subsequent to seventy-five days after a certified copy of the | 4289 |
resolution levying the income tax and calling for the election is | 4290 |
filed with the board of elections. If the voters approve the levy | 4291 |
of the income tax, the income tax shall be in force for the full | 4292 |
period of the contract establishing the zone. No election shall be | 4293 |
held under this section if a majority of the electors residing | 4294 |
within the zone, determined as specified in division (H) of this | 4295 |
section, submit a petition to that effect to the board of | 4296 |
directors. Any increase in the rate of an income tax by the board | 4297 |
of directors shall be approved by a vote of the electors of the | 4298 |
zone and shall be in force for the remaining period of the | 4299 |
contract establishing the zone. | 4300 |
(2) Whenever a zone is located in the territory of more than | 4301 |
one contracting party, a majority vote of the electors in each of | 4302 |
the several portions of the territory of the contracting parties | 4303 |
constituting the zone approving the levy of the tax is required | 4304 |
before it may be imposed under division (H) of this section. | 4305 |
(3) If no electors reside in the zone, no election for the | 4306 |
approval or rejection of an income tax shall be held under this | 4307 |
section, provided that where no electors reside in the zone, the | 4308 |
rate of the income tax shall be no higher than the highest rate | 4309 |
being levied by a municipal corporation that is a party to the | 4310 |
contract. | 4311 |
(4) The board of directors of a zone levying an income tax | 4312 |
shall enter into an agreement with one of the municipal | 4313 |
corporations that is a party to the contract to administer, | 4314 |
collect, and enforce the income tax on behalf of the zone. | 4315 |
(5) The board of directors of a zone shall publish or post | 4316 |
public notice within the zone of any resolution adopted levying an | 4317 |
income tax in the same manner required of municipal corporations | 4318 |
under sections 731.21 and 731.25 of the Revised Code. | 4319 |
(I)(1) If for any reason a contracting party reverts to or | 4320 |
has its boundaries changed so that it is classified as a township | 4321 |
that is the entity succeeding to that contracting party, the | 4322 |
township is considered to be a municipal corporation for the | 4323 |
purposes of the contract for the full period of the contract | 4324 |
establishing the joint economic development zone, except that if | 4325 |
that contracting party is administering, collecting, and enforcing | 4326 |
the income tax on behalf of the district as provided in division | 4327 |
(H)(4) of this section, the contract shall be amended to allow one | 4328 |
of the other contracting parties to administer, collect, and | 4329 |
enforce that tax. | 4330 |
(2) Notwithstanding any other section of the Revised Code, if | 4331 |
there is any change in the boundaries of a township so that a | 4332 |
municipal corporation once located within the township is no | 4333 |
longer so located, the township shall remain in existence even | 4334 |
though its remaining unincorporated area contains less than | 4335 |
twenty-two square miles, if the township has been or becomes a | 4336 |
party to a contract creating a joint economic development zone | 4337 |
under this section or the contract creating that joint economic | 4338 |
development zone under this section is terminated or repudiated | 4339 |
for any reason by any party or person. The township shall continue | 4340 |
its existing status in all respects, including having the same | 4341 |
form of government and the same elected board of trustees as its | 4342 |
governing body. The township shall continue to receive all of its | 4343 |
tax levies and sources of income as a township in accordance with | 4344 |
any section of the Revised
Code, whether
| 4345 |
sources of income generate millage within the ten-mill limitation | 4346 |
or in excess of the ten-mill limitation. The name of the township | 4347 |
may be changed to the name of the contracting party appearing in | 4348 |
the contract creating a joint economic development zone under this | 4349 |
section, so long as the name does not conflict with any other name | 4350 |
in the state that has been certified by the secretary of state. | 4351 |
The township shall have all of the powers set out in sections | 4352 |
715.79, 715.80, and 715.81 of the Revised Code. | 4353 |
(J) If, after creating and operating a joint economic | 4354 |
development zone under this section, a contracting party that did | 4355 |
not levy a municipal income tax under Chapter 718. of the Revised | 4356 |
Code levies such a tax, the tax shall not apply to the zone for | 4357 |
the full period of the contract establishing the zone, if the | 4358 |
board of directors of the zone has levied an income tax as | 4359 |
provided in division (H) of this section. | 4360 |
Sec. 715.70. (A) This section and section 715.71 of the | 4361 |
Revised Code apply only to: | 4362 |
(1) Municipal corporations and townships within a county that | 4363 |
has adopted a charter under Sections 3 and 4 of Article X, Ohio | 4364 |
Constitution; | 4365 |
(2) Municipal corporations and townships that have created a | 4366 |
joint economic development district comprised entirely of real | 4367 |
property owned by a municipal corporation at the time the district | 4368 |
was created under this section. The real property owned by the | 4369 |
municipal corporation shall include an airport owned by the | 4370 |
municipal corporation and located entirely beyond the municipal | 4371 |
corporation's corporate boundary. | 4372 |
(3) Municipal corporations or townships that are part of or | 4373 |
contiguous to a transportation improvement district created under | 4374 |
Chapter 5540. of the Revised Code and that have created a joint | 4375 |
economic development district under this section or section 715.71 | 4376 |
of the Revised Code prior to November 15, 1995; | 4377 |
(4) Municipal corporations that have previously entered into | 4378 |
a contract creating a joint economic development district pursuant | 4379 |
to division (A)(2) of this section, even if the territory to be | 4380 |
included in the district does not meet the requirements of that | 4381 |
division. | 4382 |
(B)(1) One or more municipal corporations and one or more | 4383 |
townships may enter into a contract approved by the legislative | 4384 |
authority of each contracting party pursuant to which they create | 4385 |
as a joint economic development district an area or areas for the | 4386 |
purpose of facilitating economic development to create or preserve | 4387 |
jobs and employment opportunities and to improve the economic | 4388 |
welfare of the people in the state and in the area of the | 4389 |
contracting parties. A municipal corporation described in division | 4390 |
(A)(4) of this section may enter into a contract with other | 4391 |
municipal corporations and townships to create a new joint | 4392 |
economic development district. In a district that includes a | 4393 |
municipal corporation described in division (A)(4) of this | 4394 |
section, the territory of each of the contracting parties shall be | 4395 |
contiguous to the territory of at least one other contracting | 4396 |
party, or contiguous to the territory of a township or municipal | 4397 |
corporation that is contiguous to another contracting party, even | 4398 |
if the intervening township or municipal corporation is not a | 4399 |
contracting party. The area or areas of land to be included in the | 4400 |
district shall not include any parcel of land owned in fee by a | 4401 |
municipal corporation or a township or parcel of land that is | 4402 |
leased to a municipal corporation or a township, unless the | 4403 |
municipal corporation or township is a party to the contract or | 4404 |
unless the municipal corporation or township has given its consent | 4405 |
to have its parcel of land included in the district by the | 4406 |
adoption of a resolution. As used in this division, "parcel of | 4407 |
land" means any parcel of land owned by a municipal corporation or | 4408 |
a township for at least a six-month period within a five-year | 4409 |
period prior to the creation of a district, but "parcel of land" | 4410 |
does not include streets or public ways and sewer, water, and | 4411 |
other utility lines whether owned in fee or otherwise. | 4412 |
The district created shall be located within the territory of | 4413 |
one or more of the participating parties and may consist of all or | 4414 |
a portion of such territory. The boundaries of the district shall | 4415 |
be described in the contract or in an addendum to the contract. | 4416 |
(2) Prior to the public hearing to be held pursuant to | 4417 |
division (D)(2) of this section, the participating parties shall | 4418 |
give a copy of the proposed contract to each municipal corporation | 4419 |
located within one-quarter mile of the proposed joint economic | 4420 |
development district and not otherwise a party to the contract, | 4421 |
and afford the municipal corporation the reasonable opportunity, | 4422 |
for a period of thirty days following receipt of the proposed | 4423 |
contract, to make comments and suggestions to the participating | 4424 |
parties regarding elements contained in the proposed contract. | 4425 |
(3) The district shall not exceed two thousand acres in area. | 4426 |
The territory of the district shall not completely surround | 4427 |
territory that is not included within the boundaries of the | 4428 |
district. | 4429 |
(4) Sections 503.07 to 503.12 of the Revised Code do not | 4430 |
apply to territory included within a district created pursuant to | 4431 |
this section as long as the contract creating the district is in | 4432 |
effect, unless the legislative authority of each municipal | 4433 |
corporation and the board of township trustees of each township | 4434 |
included in the district consent, by ordinance or resolution, to | 4435 |
the application of those sections of the Revised Code. | 4436 |
(5) Upon the execution of the contract creating the district | 4437 |
by the parties to the contract, a participating municipal | 4438 |
corporation or township included within the district shall file a | 4439 |
copy of the fully executed contract with the county recorder of | 4440 |
each county within which a party to the contract is located, in | 4441 |
the miscellaneous records of the county. No annexation proceeding | 4442 |
pursuant to Chapter 709. of the Revised Code that proposes the | 4443 |
annexation to, merger, or consolidation with a municipal | 4444 |
corporation of any unincorporated territory within the district | 4445 |
shall be commenced for a period of three years after the contract | 4446 |
is filed with the county recorder of each county within which a | 4447 |
party to the contract is located unless each board of township | 4448 |
trustees whose territory is included, in whole or part, within the | 4449 |
district and the territory proposed to be annexed, merged, or | 4450 |
consolidated adopts a resolution consenting to the commencement of | 4451 |
the proceeding and a copy of the resolution is filed with the | 4452 |
legislative authority of each county within which a party to the | 4453 |
contract is located or unless the contract is terminated during | 4454 |
this period. | 4455 |
The contract entered into between the municipal corporations | 4456 |
and townships pursuant to this section may provide for the | 4457 |
prohibition of any annexation by the participating municipal | 4458 |
corporations of any unincorporated territory within the district | 4459 |
beyond the three-year mandatory prohibition of any annexation | 4460 |
provided for in division (B)(5) of this section. | 4461 |
(C)(1) After the legislative authority of a municipal | 4462 |
corporation and the board of township trustees have adopted an | 4463 |
ordinance and resolution approving a contract to create a joint | 4464 |
economic development district pursuant to this section, and after | 4465 |
a contract has been signed, the municipal corporations and | 4466 |
townships shall jointly file a petition with the legislative | 4467 |
authority of each county within which a party to the contract is | 4468 |
located. | 4469 |
(a) The petition shall contain all of the following: | 4470 |
(i) A statement that the area or areas of the district is not | 4471 |
greater than two thousand acres and is located within the | 4472 |
territory of one or more of the contracting parties; | 4473 |
(ii) A brief summary of the services to be provided by each | 4474 |
party to the contract or a reference to the portion of the | 4475 |
contract describing those services; | 4476 |
(iii) A description of the area or areas to be designated as | 4477 |
the district; | 4478 |
(iv) The signature of a representative of each of the | 4479 |
contracting parties. | 4480 |
(b) The following documents shall be filed with the petition: | 4481 |
(i) A signed copy of the contract, together with copies of | 4482 |
district maps and plans related to or part of the contract; | 4483 |
(ii) A certified copy of the ordinances and resolutions of | 4484 |
the contracting parties approving the contract; | 4485 |
(iii) A certificate from each of the contracting parties | 4486 |
indicating that the public hearings required by division (D)(2) of | 4487 |
this section have been held, the date of the hearings, and | 4488 |
evidence of publication of the notice of the hearings; | 4489 |
(iv) One or more signed statements of persons who are owners | 4490 |
of property located in whole or in part within the area to be | 4491 |
designated as
the district, requesting that
| 4492 |
included within the district, provided that those statements shall | 4493 |
represent a majority of the persons owning property located in | 4494 |
whole or in part within the district and persons owning a majority | 4495 |
of the acreage located within the district. A signature may be | 4496 |
withdrawn by the signer up to but not after the time of the public | 4497 |
hearing required by division (D)(2) of this section. | 4498 |
(2) The legislative authority of each county within which a | 4499 |
party to the contract is located shall adopt a resolution | 4500 |
approving the petition for the creation of the district if the | 4501 |
petition and other documents have been filed in accordance with | 4502 |
the requirements of division (C)(1) of this section. If the | 4503 |
petition and other documents do not substantially meet the | 4504 |
requirements of that division, the legislative authority of any | 4505 |
county within which a party to the contract is located may adopt a | 4506 |
resolution disapproving the petition for the creation of the | 4507 |
district. The legislative authority of each county within which a | 4508 |
party to the contract is located shall adopt a resolution | 4509 |
approving or disapproving the petition within thirty days after | 4510 |
the petition was filed. If the legislative authority of each such | 4511 |
county does not adopt the resolution within the thirty-day period, | 4512 |
the petition shall be deemed approved and the contract shall go | 4513 |
into effect immediately after that approval or at such other time | 4514 |
as the contract specifies. | 4515 |
(D)(1) The contract creating the district shall set forth or | 4516 |
provide for the amount or nature of the contribution of each | 4517 |
municipal corporation and township to the development and | 4518 |
operation of the district and may provide for the sharing of the | 4519 |
costs of the operation of and improvements for the district. The | 4520 |
contributions may be in any form to which the contracting | 4521 |
municipal corporations and townships agree and may include but are | 4522 |
not limited to the provision of services, money, real or personal | 4523 |
property, facilities, or equipment. The contract may provide for | 4524 |
the contracting parties to share revenue from taxes levied on | 4525 |
property by one or more of the contracting parties if those | 4526 |
revenues may lawfully be applied to that purpose under the | 4527 |
legislation by which those taxes are levied. The contract shall | 4528 |
provide for new, expanded, or additional services, facilities, or | 4529 |
improvements, including expanded or additional capacity for or | 4530 |
other enhancement of existing services, facilities, or | 4531 |
improvements, provided that those services, facilities, or | 4532 |
improvements, or expanded or additional capacity for or | 4533 |
enhancement of existing services, facilities, or improvements, | 4534 |
required herein have been provided within the two-year period | 4535 |
prior to the execution of the contract. | 4536 |
(2) Before the legislative authority of a municipal | 4537 |
corporation or a board of township trustees passes any ordinance | 4538 |
or resolution approving a contract to create a joint economic | 4539 |
development district pursuant to this section, the legislative | 4540 |
authority of the municipal corporation and the board of township | 4541 |
trustees shall each hold a public hearing concerning the joint | 4542 |
economic development district contract and shall provide thirty | 4543 |
days' public notice of the time and place of the public hearing in | 4544 |
a newspaper of general circulation in the municipal corporation | 4545 |
and the township. The board of township trustees may provide | 4546 |
additional notice to township residents in accordance with section | 4547 |
9.03 of the Revised Code, and any
| 4548 |
include the public hearing announcement; a summary of the terms of | 4549 |
the contract; a statement that the entire text of the contract and | 4550 |
district maps and plans are on file for public examination in the | 4551 |
office of the township
| 4552 |
pertaining to any tax changes
| 4553 |
result of the contract. | 4554 |
During the thirty-day period prior to the public hearing, a | 4555 |
copy of the text of the contract together with copies of district | 4556 |
maps and plans related to or part of the contract shall be on | 4557 |
file, for public examination, in the offices of the clerk of the | 4558 |
legislative authority of the municipal corporation and of the | 4559 |
township
| 4560 |
division (D)(2) of this section shall allow for public comment and | 4561 |
recommendations from the public on the proposed contract. The | 4562 |
contracting parties may include in the contract any of those | 4563 |
recommendations prior to the approval of the contract. | 4564 |
(3) Any resolution of the board of township trustees that | 4565 |
approves a contract that creates a joint economic development | 4566 |
district pursuant to this section shall be subject to a referendum | 4567 |
of the electors of the township. When a referendum petition, | 4568 |
signed by ten per cent of the number of electors in the township | 4569 |
who voted for the office of governor at the most recent general | 4570 |
election for the office of governor, is presented to the board of | 4571 |
township trustees within thirty days after the board of township | 4572 |
trustees adopted the resolution, ordering that the resolution be | 4573 |
submitted to the electors of the township for their approval or | 4574 |
rejection, the board of township trustees shall, after ten days | 4575 |
and not later than four p.m. of the seventy-fifth day before the | 4576 |
election, certify the text of the resolution to the board of | 4577 |
elections. The board of elections shall submit the resolution to | 4578 |
the electors of the township for their approval or rejection at | 4579 |
the next general, primary, or special election occurring | 4580 |
subsequent to seventy-five days after the certifying of the | 4581 |
petition to the board of elections. | 4582 |
(4) Upon the creation of a district under this section or | 4583 |
section 715.71 of the Revised Code, one of the contracting parties | 4584 |
shall file a copy of the following with the director of | 4585 |
development: | 4586 |
(a) The petition and other documents described in division | 4587 |
(C)(1) of this section, if the district is created under this | 4588 |
section; | 4589 |
(b) The documents described in division (D) of section 715.71 | 4590 |
of the Revised Code, if the district is created under this | 4591 |
section | 4592 |
(E) The district created by the contract shall be governed by | 4593 |
a board of directors that shall be established by or pursuant to | 4594 |
the contract. The board is a public body for the purposes of | 4595 |
section 121.22 of the Revised Code. The provisions of Chapter | 4596 |
2744. of the Revised Code apply to the board and the district. The | 4597 |
members of the board shall be appointed as provided in the | 4598 |
contract from among the elected members of the legislative | 4599 |
authorities and the elected chief executive officers of the | 4600 |
contracting parties, provided that there shall be at least two | 4601 |
members appointed from each of the contracting parties. | 4602 |
(F) The contract shall enumerate the specific powers, duties, | 4603 |
and functions of the board of directors of a district, and the | 4604 |
contract shall provide for the determination of procedures that | 4605 |
are to govern the board of directors. The contract may grant to | 4606 |
the board the power to adopt a resolution to levy an income tax | 4607 |
within the district. The income tax shall be used for the purposes | 4608 |
of the district and for the purposes of the contracting municipal | 4609 |
corporations and townships pursuant to the contract. The income | 4610 |
tax may be levied in the district based on income earned by | 4611 |
persons working or residing within the district and based on the | 4612 |
net profits of businesses located in the district. The income tax | 4613 |
shall follow the provisions of Chapter 718. of the Revised Code, | 4614 |
except that a vote shall be required by the electors residing in | 4615 |
the district to approve the rate of income tax. If no electors | 4616 |
reside within the district, then division (F)(4) of this section | 4617 |
applies. The rate of the income tax shall be no higher than the | 4618 |
highest rate being levied by a municipal corporation that is a | 4619 |
party to the contract. | 4620 |
(1) Within one hundred eighty days after the first meeting of | 4621 |
the board of directors, the board may levy an income tax, provided | 4622 |
that the rate of the income tax is first submitted to and approved | 4623 |
by the electors of the district at the succeeding regular or | 4624 |
primary election, or a special election called by the board, | 4625 |
occurring subsequent to seventy-five days after a certified copy | 4626 |
of the resolution levying the income tax and calling for the | 4627 |
election is filed with the board of elections. If the voters | 4628 |
approve the levy of the income tax, the income tax shall be in | 4629 |
force for the full period of the contract establishing the | 4630 |
district. Any increase in the rate of an income tax that was first | 4631 |
levied within one hundred eighty days after the first meeting of | 4632 |
the board of directors shall be approved by a vote of the electors | 4633 |
of the district, shall be in force for the remaining period of the | 4634 |
contract establishing the district, and shall not be subject to | 4635 |
division (F)(2) of this section. | 4636 |
(2) Any resolution of the board of directors levying an | 4637 |
income tax that is adopted subsequent to one hundred eighty days | 4638 |
after the first meeting of the board of directors shall be subject | 4639 |
to a referendum as provided in division (F)(2) of this section. | 4640 |
Any resolution of the board of directors levying an income tax | 4641 |
that is adopted subsequent to one hundred eighty days after the | 4642 |
first meeting of the board of directors shall be subject to an | 4643 |
initiative proceeding to amend or repeal the resolution levying | 4644 |
the income tax as provided in division (F)(2) of this section. | 4645 |
When a referendum petition, signed by ten per cent of the number | 4646 |
of electors in the district who voted for the office of governor | 4647 |
at the most recent general election for the office of governor, is | 4648 |
filed with the county auditor of each county within which a party | 4649 |
to the contract is located within thirty days after the resolution | 4650 |
is adopted by the board or when an initiative petition, signed by | 4651 |
ten per cent of the number of electors in the district who voted | 4652 |
for the office of governor at the most recent general election for | 4653 |
the office of governor, is filed with the county auditor of each | 4654 |
such county ordering that a resolution to amend or repeal a prior | 4655 |
resolution levying an income tax be submitted to the electors | 4656 |
within the district for their approval or rejection, the county | 4657 |
auditor of each such county, after ten days and not later than | 4658 |
four p.m. of the seventy-fifth day before the election, shall | 4659 |
certify the text of the resolution to the board of elections of | 4660 |
that county. The county auditor of each such county shall retain | 4661 |
the petition. The board of elections shall submit the resolution | 4662 |
to such electors, for their approval or rejection, at the next | 4663 |
general, primary, or special election occurring subsequent to | 4664 |
seventy-five days after the certifying of such petition to the | 4665 |
board of elections. | 4666 |
(3) Whenever a district is located in the territory of more | 4667 |
than one contracting party, a majority vote of the electors, if | 4668 |
any, in each of the several portions of the territory of the | 4669 |
contracting parties constituting the district approving the levy | 4670 |
of the tax is required before it may be imposed pursuant to this | 4671 |
division. | 4672 |
(4) If there are no electors residing in the district, no | 4673 |
election for the approval or rejection of an income tax shall be | 4674 |
held pursuant to this section, provided that where no electors | 4675 |
reside in the district, the maximum rate of the income tax that | 4676 |
may be levied shall not exceed one per cent. | 4677 |
(5) The board of directors of a district levying an income | 4678 |
tax shall enter into an agreement with one of the municipal | 4679 |
corporations that is a party to the contract to administer, | 4680 |
collect, and enforce the income tax on behalf of the district. The | 4681 |
resolution levying the income tax shall provide the same credits, | 4682 |
if any, to residents of the district for income taxes paid to | 4683 |
other such districts or municipal corporations where the residents | 4684 |
work, as credits provided to residents of the municipal | 4685 |
corporation administering the income tax. | 4686 |
(6)(a) The board shall publish or post public notice within | 4687 |
the district of any resolution adopted levying an income tax in | 4688 |
the same manner required of municipal corporations under sections | 4689 |
731.21 and 731.25 of the Revised Code. | 4690 |
(b) Except as otherwise specified by this division, any | 4691 |
referendum or initiative proceeding within a district shall be | 4692 |
conducted in the same manner as is required for such proceedings | 4693 |
within a municipal corporation pursuant to sections 731.28 to | 4694 |
731.40 of the Revised Code. | 4695 |
(G) Membership on the board of directors does not constitute | 4696 |
the holding of a public office or employment within the meaning of | 4697 |
any section of the Revised Code or any charter provision | 4698 |
prohibiting the holding of other public office or employment, and | 4699 |
shall not constitute an interest, either direct or indirect, in a | 4700 |
contract or expenditure of money by any municipal corporation, | 4701 |
township, county, or other political subdivision with which the | 4702 |
member may be connected. No member of a board of directors shall | 4703 |
be disqualified from holding any public office or employment, nor | 4704 |
shall such member forfeit or be disqualified from holding any such | 4705 |
office or employment, by reason of the member's membership on the | 4706 |
board of directors, notwithstanding any law or charter provision | 4707 |
to the contrary. | 4708 |
(H) The powers and authorizations granted pursuant to this | 4709 |
section or section 715.71 of the Revised Code are in addition to | 4710 |
and not in derogation of all other powers granted to municipal | 4711 |
corporations and townships pursuant to law. When exercising a | 4712 |
power or performing a function or duty under a contract authorized | 4713 |
pursuant to this section or section 715.71 of the Revised Code, a | 4714 |
municipal corporation may exercise all of the powers of a | 4715 |
municipal corporation, and may perform all the functions and | 4716 |
duties of a municipal corporation, within the district, pursuant | 4717 |
to and to the extent consistent with the contract. When exercising | 4718 |
a power or performing a function or duty under a contract | 4719 |
authorized pursuant to this section or section 715.71 of the | 4720 |
Revised Code, a township may exercise all of the powers of a | 4721 |
township, and may perform all the functions and duties of a | 4722 |
township, within the district, pursuant to and to the extent | 4723 |
consistent with the contract. The district board of directors has | 4724 |
no powers except those specifically set forth in the contract as | 4725 |
agreed to by the participating parties. No political subdivision | 4726 |
shall authorize or grant any tax exemption pursuant to Chapter | 4727 |
1728. or section 3735.67, 5709.62, 5709.63, or 5709.632 of the | 4728 |
Revised Code on any property located within the district, except | 4729 |
that a political subdivision that is a contracting party may grant | 4730 |
a tax exemption under section 5709.62, 5709.63, or 5709.632 of the | 4731 |
Revised Code on property located within the district, with the | 4732 |
consent of the other contracting parties. The prohibition for any | 4733 |
tax exemption pursuant to this division shall not apply to any | 4734 |
exemption filed, pending, or approved, or for which an agreement | 4735 |
has been entered into, before the effective date of the contract | 4736 |
entered into by the parties. | 4737 |
(I) Municipal corporations and townships may enter into | 4738 |
binding agreements pursuant to a contract authorized under this | 4739 |
section or section 715.71 of the Revised Code with respect to the | 4740 |
substance and administration of zoning and other land use | 4741 |
regulations, building codes, public permanent improvements, and | 4742 |
other regulatory and proprietary matters that are determined, | 4743 |
pursuant to the contract, to be for a public purpose and to be | 4744 |
desirable with respect to the operation of the district or to | 4745 |
facilitate new or expanded economic development in the state or | 4746 |
the district, provided that no contract shall exempt the territory | 4747 |
within the district from the procedures and processes of land use | 4748 |
regulation applicable pursuant to municipal corporation, township, | 4749 |
and county regulations, including but not limited to procedures | 4750 |
and processes concerning zoning. | 4751 |
(J) A contract entered into pursuant to this section or | 4752 |
section 715.71 of the Revised Code may be amended and it may be | 4753 |
renewed, canceled, or terminated as provided in or pursuant to the | 4754 |
contract. The contract may be amended to add property owned by one | 4755 |
of the contracting parties to the district, or may be amended to | 4756 |
delete property from the district whether or not one of the | 4757 |
contracting parties owns the deleted property. The contract shall | 4758 |
continue in existence throughout its term and shall be binding on | 4759 |
the contracting parties and on any entities succeeding to such | 4760 |
parties, whether by annexation, merger, or otherwise. The income | 4761 |
tax levied by the board pursuant to this section or section 715.71 | 4762 |
of the Revised Code shall apply in the entire district throughout | 4763 |
the term of the contract, notwithstanding that all or a portion of | 4764 |
the district becomes subject to annexation, merger, or | 4765 |
incorporation. No township or municipal corporation is divested of | 4766 |
its rights or obligations under the contract because of | 4767 |
annexation, merger, or succession of interests. | 4768 |
(K) After the creation of a joint economic development | 4769 |
district described in division (A)(2) of this section, a municipal | 4770 |
corporation that is a contracting party may cease to own property | 4771 |
included in the district, but such property shall continue to be | 4772 |
included in the district and subject to the terms of the contract. | 4773 |
Sec. 715.71. (A) This section provides alternative | 4774 |
procedures and requirements to those set forth in section 715.70 | 4775 |
of the Revised Code for creating and operating a joint economic | 4776 |
development district. Divisions (B), (C), (D)(1) to (3), and (F) | 4777 |
of section 715.70 of the Revised Code do not apply to a joint | 4778 |
economic development district established under this section. | 4779 |
However, divisions (A), (D)(4), (E), (G), (H), (I), (J), and (K) | 4780 |
of section 715.70 of the Revised Code do apply to a district | 4781 |
established under this section. | 4782 |
(B) One or more municipal corporations and one or more | 4783 |
townships may enter into a contract approved by the legislative | 4784 |
authority of each contracting party pursuant to which they create | 4785 |
as a joint economic development district one or more areas for the | 4786 |
purpose of facilitating economic development to create or preserve | 4787 |
jobs and employment opportunities and to improve the economic | 4788 |
welfare of the people in this state and in the area of the | 4789 |
contracting parties. The district created shall be located within | 4790 |
the territory of one or more of the contracting parties and may | 4791 |
consist of all or a portion of
| 4792 |
of the district shall be described in the contract or in an | 4793 |
addendum to the contract. The area or areas of land to be included | 4794 |
in the district shall not include any parcel of land owned in fee | 4795 |
by or leased to a municipal corporation or township, unless the | 4796 |
municipal corporation or township is a party to the contract or | 4797 |
has given its consent to have its parcel of land included in the | 4798 |
district by the adoption of a resolution. As used in this | 4799 |
division, "parcel of land" has the same meaning as in division (B) | 4800 |
of section 715.70 of the Revised Code. | 4801 |
(C) Before the legislative authority of a municipal | 4802 |
corporation or a board of township trustees adopts an ordinance or | 4803 |
resolution approving a contract to create a joint economic | 4804 |
development district under this section, it shall hold a public | 4805 |
hearing concerning the joint economic development district | 4806 |
contract and shall provide thirty days' public notice of the time | 4807 |
and place of the public hearing in a newspaper of general | 4808 |
circulation in the municipal corporation and the township. Each | 4809 |
municipal corporation and township that is a party to the contract | 4810 |
shall hold a public hearing. During the thirty-day period prior to | 4811 |
a public hearing, a copy of the text of the contract together with | 4812 |
copies of district maps and plans related to or part of the | 4813 |
contract shall be on file, for public examination, in the offices | 4814 |
of the clerk of the legislative authority of the municipal | 4815 |
corporation and of the township
| 4816 |
hearings provided for in this division shall allow for public | 4817 |
comment and recommendations on the proposed contract. The | 4818 |
participating parties may include in the contract any of those | 4819 |
recommendations prior to approval of the contract. | 4820 |
(D) After the legislative authority of a municipal | 4821 |
corporation and the board of township trustees have adopted an | 4822 |
ordinance and resolution approving a contract to create a joint | 4823 |
economic development district, the municipal corporation and the | 4824 |
township jointly shall file with the legislative authority of each | 4825 |
county within which a party to the contract is located all of the | 4826 |
following: | 4827 |
(1) A signed copy of the contract, together with copies of | 4828 |
district maps and plans related to or part of the contract; | 4829 |
(2) Certified copies of the ordinances and resolutions of the | 4830 |
contracting parties relating to the district and the contract; | 4831 |
(3) A certificate of each of the contracting parties that the | 4832 |
public hearings provided for in division (C) of this section have | 4833 |
been held, the date of
| 4834 |
publication of the notice of
| 4835 |
(E) Within thirty days after the filing under division (D) of | 4836 |
this section, the legislative authority of each county within | 4837 |
which a party to the contract is located shall adopt a resolution | 4838 |
acknowledging the receipt of the required documents, approving the | 4839 |
creation of the joint economic development district, and directing | 4840 |
that the resolution of the board of township trustees approving | 4841 |
the contract be submitted to the electors of the township for | 4842 |
approval at the next succeeding general, primary, or special | 4843 |
election. The legislative authority of the county shall file with | 4844 |
the board of elections at least seventy-five days before the day | 4845 |
of the election a copy of the resolution of the board of township | 4846 |
trustees approving the contract. The resolution of the legislative | 4847 |
authority of the county also shall specify the date the election | 4848 |
is to be held and shall direct the board of elections to conduct | 4849 |
the election in the township. If the resolution of the legislative | 4850 |
authority of the county is not adopted within the thirty-day | 4851 |
period after the filing under division (D) of this section, the | 4852 |
joint economic development district shall be deemed approved by | 4853 |
the county legislative authority, and the board of township | 4854 |
trustees shall file its resolution with the board of elections for | 4855 |
submission to the electors of the township for approval at the | 4856 |
next succeeding
general, primary, or special
election.
| 4857 |
filing shall occur at least seventy-five days before the specified | 4858 |
date the election is to be held and shall direct the board of | 4859 |
elections to conduct the election in the township. | 4860 |
The ballot shall be in the following form: | 4861 |
"Shall the resolution of the board of township trustees | 4862 |
approving the contract with ............... (here insert name of | 4863 |
each municipal corporation and other township that is a party to | 4864 |
the contract) for the creation of a joint economic development | 4865 |
district be approved? | 4866 |
4867 |
FOR THE RESOLUTION AND CONTRACT | 4868 | ||||
AGAINST THE RESOLUTION AND CONTRACT | " | 4869 |
4870 |
If a majority of the electors of the township voting on the issue | 4871 |
vote for the resolution and contract, the resolution shall become | 4872 |
effective immediately and the contract shall go into effect | 4873 |
immediately or in accordance with its terms. | 4874 |
(F) The contract creating the district shall set forth or | 4875 |
provide for the amount or nature of the contribution of each | 4876 |
municipal corporation and township to the development and | 4877 |
operation of the district and may provide for the sharing of the | 4878 |
costs of the operation of and improvements for the district. The | 4879 |
contributions may be in any form to which the contracting | 4880 |
municipal corporations and townships agree and may include but are | 4881 |
not limited to the provision of services, money, real or personal | 4882 |
property, facilities, or equipment. The contract may provide for | 4883 |
the contracting parties to share revenue from taxes levied on | 4884 |
property by one or more of the contracting parties if those | 4885 |
revenues may lawfully be applied to that purpose under the | 4886 |
legislation by which those taxes are levied. The contract shall | 4887 |
provide for new, expanded, or additional services, facilities, or | 4888 |
improvements, including expanded or additional capacity for or | 4889 |
other enhancement of existing services, facilities, or | 4890 |
improvements, provided that the existing services, facilities, or | 4891 |
improvements, or the expanded or additional capacity for or | 4892 |
enhancement of the existing services, facilities, or improvements, | 4893 |
have been provided within the two-year period prior to the | 4894 |
execution of the contract. | 4895 |
(G) The contract shall enumerate the specific powers, duties, | 4896 |
and functions of the board of directors of the district and shall | 4897 |
provide for the determination of procedures that are to govern the | 4898 |
board of directors. The contract may grant to the board the power | 4899 |
to adopt a resolution to levy an income tax within the district. | 4900 |
The income tax shall be used for the purposes of the district and | 4901 |
for the purposes of the contracting municipal corporations and | 4902 |
townships pursuant to the contract. The income tax may be levied | 4903 |
in the district based on income earned by persons working or | 4904 |
residing within the district and based on the net profits of | 4905 |
businesses located in the district. The income tax of the district | 4906 |
shall follow the provisions of Chapter 718. of the Revised Code, | 4907 |
except that no vote shall be required by the electors residing in | 4908 |
the district. The rate of the income tax shall be no higher than | 4909 |
the highest rate being levied by a municipal corporation that is a | 4910 |
party to the contract. | 4911 |
The board of directors of a district levying an income tax | 4912 |
shall enter into an agreement with one of the municipal | 4913 |
corporations that is a party to the contract to administer, | 4914 |
collect, and enforce the income tax on behalf of the district. The | 4915 |
resolution levying the income tax shall provide the same credits, | 4916 |
if any, to residents of the district for income taxes paid to | 4917 |
other
| 4918 |
work, as credits provided to residents of the municipal | 4919 |
corporation administering the income tax. | 4920 |
(H) No annexation proceeding pursuant to Chapter 709. of the | 4921 |
Revised Code that proposes the annexation to or merger or | 4922 |
consolidation with a municipal corporation, except a municipal | 4923 |
corporation that is a party to the contract, of any unincorporated | 4924 |
territory within the district shall be commenced for a period of | 4925 |
three years after the contract is filed with the legislative | 4926 |
authority of each county within which a party to the contract is | 4927 |
located in accordance with division (D) of this section unless | 4928 |
each board of township trustees whose territory is included, in | 4929 |
whole or part, within the district and the territory proposed to | 4930 |
be annexed, merged, or consolidated adopts a resolution consenting | 4931 |
to the commencement of the proceeding and a copy of the resolution | 4932 |
is filed with the legislative authority of each such county or | 4933 |
unless the contract is terminated during this three-year period. | 4934 |
The contract entered into between the municipal corporations and | 4935 |
townships pursuant to this section may provide for the prohibition | 4936 |
of any annexation by the participating municipal corporations of | 4937 |
any unincorporated territory within the district. | 4938 |
Sec. 715.75. Before the legislative authority of any of the | 4939 |
contracting parties adopts an ordinance or resolution approving a | 4940 |
contract to create a joint economic development district, the | 4941 |
legislative authority of each of the contracting parties shall | 4942 |
hold a public hearing concerning the contract and district. Each | 4943 |
4944 | |
public notice of the time and place of the public hearing in a | 4945 |
newspaper of general circulation in the municipal corporation or | 4946 |
township, as applicable. During the thirty-day period prior to the | 4947 |
public hearing and until the filing is made under section 715.76 | 4948 |
of the Revised Code, all of the following documents shall be | 4949 |
available for public inspection in the office of the clerk of the | 4950 |
legislative authority of
| 4951 |
contracting party and in the office of the fiscal officer of
| 4952 |
township that is a contracting
| 4953 |
(A) A copy of the contract creating the district; | 4954 |
(B) A description of the area or areas to be included in the | 4955 |
district, including a map in sufficient detail to denote the | 4956 |
specific boundaries of the area or areas and to indicate any | 4957 |
zoning restrictions applicable to the area or areas; | 4958 |
(C) An economic development plan for the district that | 4959 |
consists of both of the following schedules: | 4960 |
(1) A schedule for the provision of the new, expanded, or | 4961 |
additional services, facilities, or improvements described in | 4962 |
division (A) of section 715.74 of the Revised Code; | 4963 |
(2) A schedule for the collection of an income tax levied | 4964 |
under division (C) of section 715.74 of the Revised Code. | 4965 |
A public hearing held under this section shall allow for | 4966 |
public comment and recommendations on the contract and district. | 4967 |
The contracting parties may include in the contract any of those | 4968 |
recommendations prior to approval of the contract. | 4969 |
Before any of the contracting parties approves a contract | 4970 |
under section 715.76 of the Revised Code, the contracting parties | 4971 |
shall deliver a copy of the contract to the board of county | 4972 |
commissioners of each county in which a contracting party is | 4973 |
located. Any such county may enter into an agreement with the | 4974 |
contracting parties regarding the provision of services by the | 4975 |
county within the proposed district and may enter into an | 4976 |
agreement with the contracting parties to extend services to the | 4977 |
area or areas to be included in the district. | 4978 |
Sec. 715.76. After the public hearings required under | 4979 |
section 715.75 of the Revised Code have been held, each | 4980 |
contracting party may adopt an ordinance or resolution approving | 4981 |
the contract to create a joint economic development district. | 4982 |
After each contracting party has adopted
| 4983 |
resolution, the contracting parties jointly shall file with the | 4984 |
legislative authority of each county within which a contracting | 4985 |
party is located all of the following documents: | 4986 |
(A) A signed copy of the contract; | 4987 |
(B) A description of the area or areas to be included in the | 4988 |
district, including a map in sufficient detail to denote the | 4989 |
specific boundaries of the area or areas and to indicate any | 4990 |
zoning restrictions applicable to the area or areas; | 4991 |
(C) The economic development plan described in division (C) | 4992 |
of section 715.75 of the Revised Code; | 4993 |
(D) Certified copies of the ordinances and resolutions of the | 4994 |
contracting parties relating to the contract and district; | 4995 |
(E) A certificate of each contracting party that the public | 4996 |
hearings required by section 715.75 of the Revised Code have been | 4997 |
held, the date of the hearings, and evidence of publication of the | 4998 |
notice of the hearings; | 4999 |
(F) A petition signed by a majority of the owners of property | 5000 |
located within the area or areas to be included in the district; | 5001 |
(G) A petition signed by a majority of the owners of | 5002 |
businesses, if any, located within the area or areas to be | 5003 |
included in the district. | 5004 |
The petitions described in divisions (F) and (G) of this | 5005 |
section shall specify that all of the documents described in | 5006 |
divisions (A)
| 5007 |
are available for public inspection in the office of the clerk of | 5008 |
the legislative authority of each municipal corporation that is a | 5009 |
contracting
party or the office of the
| 5010 |
officer of each township that is a contracting party. | 5011 |
Not later than ten days after all of the documents described | 5012 |
in divisions (A) to (G) of this section have been filed, each | 5013 |
contracting party shall give notice to those owners of property | 5014 |
within the area or areas to be included in the district who did | 5015 |
not sign the petition described in division (F) of this section | 5016 |
and whose property is located within the boundaries of that | 5017 |
contracting party and to those owners of businesses, if any, | 5018 |
within the area or areas to be included in the district who did | 5019 |
not sign the petition described in division (G) of this section | 5020 |
and whose property is located within the boundaries of that | 5021 |
contracting party. Notice shall be given by certified mail and | 5022 |
shall specify that the owners of property and businesses are | 5023 |
located within the area or areas to be included in the district | 5024 |
and that all of the documents described in divisions (A) to (C) of | 5025 |
section 715.75 of the Revised Code are available for public | 5026 |
inspection in the office of the clerk of the legislative authority | 5027 |
of each municipal corporation that is a contracting party or the | 5028 |
office of the
| 5029 |
is a contracting party. The contracting parties shall equally bear | 5030 |
the cost of providing notice under this section. | 5031 |
If the contracting parties do not file all of the documents | 5032 |
described in divisions (A)
| 5033 |
legislative authority of a county within which a contracting party | 5034 |
is located may adopt a resolution disapproving the creation of the | 5035 |
joint economic development district. In addition, the legislative | 5036 |
authority of
| 5037 |
the creation of the district if it determines, in written findings | 5038 |
of fact, that each contracting party did not enter into the | 5039 |
contract freely and without duress or coercion. | 5040 |
Sec. 971.05. The cost due the township
| 5041 |
and the board of township trustees for making the assignment set | 5042 |
forth in section 971.04 of the Revised
Code | 5043 |
equally against each of the persons | 5044 |
fiscal officer within thirty days from the date of
| 5045 |
assignment, shall be
certified by
| 5046 |
county auditor, with a correct description of the lands and the | 5047 |
amount charged against each portion. | 5048 |
Sec. 971.06. The county auditor shall place the amount | 5049 |
authorized in section
971.05 of the Revised Code | 5050 |
duplicate to be collected as other taxes, and the county treasurer | 5051 |
shall pay it, when collected, to the township
| 5052 |
as other funds are paid. | 5053 |
Sec. 971.08. When the work is completed to the satisfaction | 5054 |
of the board of township trustees, it shall certify the costs to | 5055 |
the township
| 5056 |
paid within thirty days,
| 5057 |
shall certify them to the county auditor with a statement of the | 5058 |
cost of the construction and incidental costs incurred by the | 5059 |
trustees | 5060 |
upon which the costs are assessed. | 5061 |
Sec. 971.09. The county auditor shall place the amounts | 5062 |
certified, as provided in section 971.08 of the Revised Code, upon | 5063 |
the tax duplicate, which amounts shall become a lien and be | 5064 |
collected as other taxes | 5065 |
shall certify the amount due each person for building
| 5066 |
fence and the amount due each trustee and
| 5067 |
fiscal officer for services rendered. In anticipation of the | 5068 |
collection | 5069 |
for the
payment of | 5070 |
Sec. 971.12. The report of the assignment of partition | 5071 |
fences under this chapter shall be made and certified to the | 5072 |
county recorder by the township
| 5073 |
of the record
| 5074 |
parties with the other costs. | 5075 |
Sec. 971.35. When the work authorized in section 971.34 of | 5076 |
the Revised Code is completed, the board of township trustees | 5077 |
shall certify to the county auditor the amount of the cost of the | 5078 |
work with the expense thereto attached, and a correct description | 5079 |
of the land upon which the work was performed | 5080 |
auditor shall place the amount upon the tax duplicate to be | 5081 |
collected as other taxes. The county treasurer shall pay the | 5082 |
amount, when collected, to
the township
| 5083 |
other funds are paid. | 5084 |
Sec. 971.36. The board of township trustees may anticipate | 5085 |
the collection, and refund the cost of the work authorized in | 5086 |
section 971.34 of the Revised
Code, to the township
| 5087 |
officer for the amount, payable out of any township funds that may | 5088 |
be in
| 5089 |
Sec. 1341.16. A surety of a constable, township
| 5090 |
officer, or other township officer, may notify the board of | 5091 |
township trustees, by giving at least five days' notice in | 5092 |
writing, that
| 5093 |
5094 | |
make application to the board to be released from further | 5095 |
liability upon
| 5096 |
least three days' notice in writing to
| 5097 |
time and place at which the application will be made. | 5098 |
Sec. 1533.13. Hunting and fishing licenses, wetlands habitat | 5099 |
stamps, deer and wild turkey permits, fur taker permits, and any | 5100 |
other licenses, permits, or stamps that are required under this | 5101 |
chapter or Chapter 1531. of the Revised Code and any reissued | 5102 |
license, permit, or stamp may be issued by the clerk of the court | 5103 |
of common pleas, village | 5104 |
officers, and other authorized agents designated by the chief of | 5105 |
the division of wildlife. When required by the chief, a clerk, | 5106 |
fiscal officer, or other agent shall give bond in the manner | 5107 |
provided by the chief. All bonds, reports, except records | 5108 |
prescribed by the auditor of state, and moneys received by those | 5109 |
persons shall be handled under rules adopted by the director of | 5110 |
natural resources. | 5111 |
The premium of any bond prescribed by the chief under this | 5112 |
section may be paid by the chief. Any person who is designated and | 5113 |
authorized by the chief to issue licenses, stamps, and permits as | 5114 |
provided in this section, except the clerk of the court of common | 5115 |
pleas | 5116 |
officer, shall pay to the chief a premium in an amount that | 5117 |
represents the person's portion of the premium paid by the chief | 5118 |
under this section, which amount shall be established by the chief | 5119 |
and approved by the wildlife council created under section 1531.03 | 5120 |
of the Revised Code. The chief shall pay all moneys that the chief | 5121 |
receives as premiums under this section into the state treasury to | 5122 |
the credit of the wildlife fund created under section 1531.17 of | 5123 |
the Revised Code. | 5124 |
Every authorized agent, for the purpose of issuing hunting | 5125 |
and fishing licenses, wetlands habitat stamps, deer and wild | 5126 |
turkey permits, and fur taker permits, may administer oaths to and | 5127 |
take affidavits from applicants for the licenses, stamps, or | 5128 |
permits when required. An authorized agent may appoint deputies to | 5129 |
perform any acts that the agent is authorized to perform, | 5130 |
consistent with division rules. | 5131 |
Every applicant for a hunting or fishing license, wetlands | 5132 |
habitat stamp, deer or wild turkey permit, or fur taker permit, | 5133 |
unless otherwise provided by division rule, shall provide the | 5134 |
applicant's name, date of birth, weight, height, and place of | 5135 |
residence | 5136 |
The clerk, fiscal officer, or other agent authorized to issue | 5137 |
licenses, stamps, and permits shall charge each applicant a fee of | 5138 |
one dollar for taking the information provided by the applicant | 5139 |
and issuing the license, stamp, or permit. The application, | 5140 |
license, stamp, permit, and other blanks required by this section | 5141 |
shall be prepared and
furnished by the
chief, in
| 5142 |
the chief provides, to the clerk, fiscal officer, or other agent | 5143 |
authorized to issue them. The licenses and permits shall be issued | 5144 |
to applicants by the clerk, fiscal officer, or other agent. The | 5145 |
record of
licenses and permits kept by the | 5146 |
officers, and
other
| 5147 |
the state and
in
| 5148 |
prescribes and shall be open at all reasonable hours to the | 5149 |
inspection of any person. Unless otherwise provided by division | 5150 |
rule, each hunting license, deer or wild turkey permit, and fur | 5151 |
taker permit issued shall remain in force until midnight of the | 5152 |
thirty-first day of August next ensuing. Application for any such | 5153 |
license or permit may be made and a license or permit issued prior | 5154 |
to the date upon which it becomes effective. | 5155 |
The chief may require an applicant who wishes to purchase a | 5156 |
license, stamp, or permit by mail or telephone or via the internet | 5157 |
to pay a nominal fee for postage and handling and credit card | 5158 |
transactions. | 5159 |
The court before whom a violator of any laws or division | 5160 |
rules for the protection of wild animals is tried, as a part of | 5161 |
the punishment, shall revoke the license, stamp, or permit of any | 5162 |
person convicted. The license, stamp, or permit fee paid by that | 5163 |
person shall not be returned to the person. The person shall not | 5164 |
procure or use any other license, stamp, or permit or engage in | 5165 |
hunting wild animals or trapping fur-bearing animals during the | 5166 |
period of revocation as ordered by the court. | 5167 |
No person under sixteen years of age shall engage in hunting | 5168 |
unless accompanied by the person's parent or another adult person. | 5169 |
Sec. 1710.02. (A) A special improvement district may be | 5170 |
created within the boundaries of any one municipal corporation, | 5171 |
any one township, or any combination of contiguous municipal | 5172 |
corporations and townships by a petition of the property owners | 5173 |
within the proposed district, for the purpose of developing and | 5174 |
implementing plans for public improvements and public services | 5175 |
that benefit the district. All territory in a district shall be | 5176 |
contiguous. | 5177 |
The district shall be governed by the board of trustees of a | 5178 |
nonprofit corporation. This board shall be known as the board of | 5179 |
directors of the special improvement district. No special | 5180 |
improvement district shall include any church property, or | 5181 |
property of the federal or state government or a county, township, | 5182 |
or municipal corporation, unless the church or the county, | 5183 |
township, or municipal corporation specifically requests in | 5184 |
writing that the property be included within the district. More | 5185 |
than one district may be created within a participating political | 5186 |
subdivision, but no real property may be included within more than | 5187 |
one district unless the owner of the property files a written | 5188 |
consent with the clerk of the legislative authority, the township | 5189 |
fiscal officer, or the village clerk, as appropriate. The area of | 5190 |
each district shall be contiguous. | 5191 |
(B) Except as provided in division (C) of this section, a | 5192 |
district created under this chapter is not a political | 5193 |
subdivision. A district created under this chapter shall be | 5194 |
considered a public agency under section 102.01 and a public | 5195 |
authority under section 4115.03 of the Revised Code. Each member | 5196 |
of the board of directors of a district, each member's designee or | 5197 |
proxy, and each officer and employee of a district shall be | 5198 |
considered a public official or employee under section 102.01 of | 5199 |
the Revised Code and a public official and public servant under | 5200 |
section 2921.42 of the Revised Code. Districts created under this | 5201 |
chapter are not subject to section 121.24 of the Revised Code. | 5202 |
Districts created under this chapter are subject to sections | 5203 |
121.22 and 121.23 of the Revised Code. | 5204 |
(C) Each district created under this chapter shall be | 5205 |
considered a political subdivision for purposes of section 4905.34 | 5206 |
of the Revised Code. | 5207 |
Membership on the board of directors of the district shall | 5208 |
not be considered as holding a public office. Directors and their | 5209 |
designees shall be entitled to the immunities provided by Chapter | 5210 |
1702. and to the same immunity as an employee under division | 5211 |
(A)(6) of section 2744.03 of the Revised Code, except that | 5212 |
directors and their designees shall not be entitled to the | 5213 |
indemnification provided in section 2744.07 of the Revised Code | 5214 |
unless the director or designee is an employee or official of a | 5215 |
participating political subdivision of the district and is acting | 5216 |
within the scope of the director's or designee's employment or | 5217 |
official responsibilities. | 5218 |
District officers and district members and directors and | 5219 |
their designees or proxies shall not be required to file a | 5220 |
statement with the Ohio ethics commission under section 102.02 of | 5221 |
the Revised Code. All records of the district shall be treated as | 5222 |
public records under section 149.43 of the Revised Code, except | 5223 |
that records of organizations contracting with a district shall | 5224 |
not be considered to be public records under section 149.43 or | 5225 |
section 149.431 of the Revised Code solely by reason of any | 5226 |
contract with a district. | 5227 |
(D) Except as otherwise provided in this section, the | 5228 |
nonprofit corporation that governs a district shall be organized | 5229 |
in the manner described in Chapter 1702. of the Revised Code. The | 5230 |
corporation's articles of incorporation are required to be | 5231 |
approved, as provided in division (E) of this section, by | 5232 |
resolution of the legislative authority of each participating | 5233 |
political subdivision of the district. A copy of that resolution | 5234 |
shall be filed along with the articles of incorporation in the | 5235 |
secretary of state's office. | 5236 |
In addition to meeting the requirements for articles of | 5237 |
incorporation set forth in Chapter 1702. of the Revised Code, the | 5238 |
articles of incorporation for the nonprofit corporation governing | 5239 |
a district formed under this chapter shall provide all the | 5240 |
following: | 5241 |
(1) The name for the district, which shall include the name | 5242 |
of each participating political subdivision of the district; | 5243 |
(2) A description of the territory within the district, which | 5244 |
may be all or part of each participating political subdivision. | 5245 |
The description shall be specific enough to enable real property | 5246 |
owners to determine if their property is located within the | 5247 |
district. | 5248 |
(3) A description of the procedure by which the articles of | 5249 |
incorporation may be amended. The procedure shall include | 5250 |
receiving approval of the amendment, by resolution, from the | 5251 |
legislative authority of each participating political subdivision | 5252 |
and filing the approved amendment and resolution with the | 5253 |
secretary of state. | 5254 |
(4) The reasons for creating the district, plus an | 5255 |
explanation of how the district will be conducive to the public | 5256 |
health, safety, peace, convenience, and welfare of the district. | 5257 |
(E) The articles of incorporation for a nonprofit corporation | 5258 |
governing a district created under this chapter and amendments to | 5259 |
them shall be submitted to the municipal executive, if any, and | 5260 |
the legislative authority of each municipal corporation or | 5261 |
township in which the proposed district is to be located, | 5262 |
accompanied by a petition signed either by the owners of at least | 5263 |
sixty per cent of the front footage of all real property located | 5264 |
in the proposed district that abuts upon any street, alley, public | 5265 |
road, place, boulevard, parkway, park entrance, easement, or other | 5266 |
existing public improvement within the proposed district, | 5267 |
excluding church property or property owned by the state, county, | 5268 |
township, municipal, or federal government, unless a church, | 5269 |
county, township, or municipal corporation has specifically | 5270 |
requested in writing that the property be included in the | 5271 |
district, or by the owners of at least seventy-five per cent of | 5272 |
the area of all real property located within the proposed | 5273 |
district, excluding church property or property owned by the | 5274 |
state, county, township, municipal, or federal government, unless | 5275 |
a church, county, township, or municipal corporation has | 5276 |
specifically requested in writing that the property be included in | 5277 |
the district. For purposes of determining compliance with these | 5278 |
requirements, the area of the district, or the front footage and | 5279 |
ownership of property, shall be as shown in the most current | 5280 |
records available at the county recorder's office and the county | 5281 |
engineer's office sixty days prior to the date on which the | 5282 |
petition is filed. | 5283 |
Each municipal corporation or township with which the | 5284 |
petition is filed has sixty days to approve or disapprove, by | 5285 |
resolution, the petition, including the articles of incorporation. | 5286 |
This chapter does not prohibit or restrict the rights of municipal | 5287 |
corporations under Article XVIII of the Ohio Constitution or the | 5288 |
right of the municipal legislative authority to impose reasonable | 5289 |
conditions in a resolution of approval. | 5290 |
(F) Persons proposing creation and operation of the district | 5291 |
may propose an initial plan for public services or public | 5292 |
improvements that benefit all or any part of the district. Any | 5293 |
initial plan shall be submitted as part of the petition proposing | 5294 |
creation of the district. | 5295 |
An initial plan may include provisions for the following: | 5296 |
(1) Creation and operation of the district and of the | 5297 |
nonprofit corporation to govern the district under this chapter; | 5298 |
(2) Hiring employees and professional services; | 5299 |
(3) Contracting for insurance; | 5300 |
(4) Purchasing or leasing office space and office equipment; | 5301 |
(5) Other actions necessary initially to form, operate, or | 5302 |
organize the district and the nonprofit corporation to govern the | 5303 |
district; | 5304 |
(6) A plan for public improvements or public services that | 5305 |
benefit all or part of the district, which plan shall comply with | 5306 |
the requirements of division (A) of section 1710.06 of the Revised | 5307 |
Code and may include, but is not limited to, any of the permissive | 5308 |
provisions described in the fourth sentence of that division or | 5309 |
listed in divisions (A)(1) to (5) of that section. | 5310 |
After the initial plan is approved by all municipal | 5311 |
corporations and townships to which it is submitted for approval | 5312 |
and the district is created, each participating subdivision shall | 5313 |
levy a special assessment within its boundaries to pay for the | 5314 |
costs of the initial plan. The levy shall be for no more than ten | 5315 |
years from the date of the approval of the initial plan. For | 5316 |
purposes of levying an assessment for this initial plan, the | 5317 |
services or improvements included in the initial plan shall be | 5318 |
deemed a special benefit to property owners within the district. | 5319 |
(G) Each nonprofit corporation governing a district under | 5320 |
this chapter may do the following: | 5321 |
(1) Exercise all powers of nonprofit corporations granted | 5322 |
under Chapter 1702. of the Revised Code that do not conflict with | 5323 |
this chapter; | 5324 |
(2) Develop, adopt, revise, implement, and repeal plans for | 5325 |
public improvements and public services for all or any part of the | 5326 |
district; | 5327 |
(3) Contract with any person, political subdivision as | 5328 |
defined in section 2744.01 of the Revised Code, or state agency as | 5329 |
defined in section 1.60 of the Revised Code to develop and | 5330 |
implement plans for public improvements or public services within | 5331 |
the district; | 5332 |
(4) Contract and pay for insurance for the district and for | 5333 |
directors, officers, agents, contractors, employees, or members of | 5334 |
the district for any consequences of the implementation of any | 5335 |
plan adopted by the district or any actions of the district. | 5336 |
Sec. 2927.21. (A) The owner or keeper of any member of a | 5337 |
species of the animal kingdom that escapes from
| 5338 |
keeper's custody or control and that is not indigenous to this | 5339 |
state or presents a risk of serious physical harm to persons or | 5340 |
property, or both,
shall, within one hour after
| 5341 |
keeper discovers or reasonably should have discovered the escape, | 5342 |
report it to: | 5343 |
(1) A law enforcement officer of the municipal corporation or | 5344 |
township and the sheriff of the county where the escape occurred; | 5345 |
and | 5346 |
(2) The clerk of the municipal legislative authority or the | 5347 |
5348 | |
occurred. | 5349 |
(B) If the office of the clerk of a municipal legislative | 5350 |
authority
or township
| 5351 |
at the time a report is required by division (A) of this section, | 5352 |
5353 | |
section if the owner or keeper makes the report within one hour | 5354 |
after the office is next open to the public. | 5355 |
(C) Whoever violates this section is guilty of a misdemeanor | 5356 |
of the first degree. | 5357 |
Sec. 3381.03. Any county, or any two or more counties, | 5358 |
municipal corporations,
or townships, or any combination
| 5359 |
of these may create a regional arts and cultural district by the | 5360 |
adoption of a resolution or ordinance by the board of county | 5361 |
commissioners of each county, the legislative authority of each | 5362 |
municipal corporation, and the board of township trustees of each | 5363 |
township that desires to create or to join in the creation of the | 5364 |
district.
| 5365 |
following: | 5366 |
(A) The purposes for the creation of the district; | 5367 |
(B) The counties, municipal corporations, or townships that | 5368 |
are to be included in the district; | 5369 |
(C) The official name by which the district shall be known; | 5370 |
(D) The location of the principal office of the district or | 5371 |
the manner in which the location shall be selected; | 5372 |
(E) Subject to section 3381.05 of the Revised Code, the | 5373 |
number, term, and compensation, which shall not exceed the sum of | 5374 |
fifty dollars for each board and committee meeting attended by a | 5375 |
member, of the members of the board of trustees of the district; | 5376 |
(F) Subject to section 3381.05 of the Revised Code, the | 5377 |
manner in which members of the board of trustees of the district | 5378 |
shall be appointed; the method of filling vacancies; and the | 5379 |
period, if any, for which a trustee continues in office after | 5380 |
expiration of
| 5381 |
5382 |
(G) The manner of apportioning expenses of the district among | 5383 |
the participating counties, municipal corporations, and townships. | 5384 |
5385 |
The resolution or ordinance may also provide that the | 5386 |
authority of the districts to make grants under section 3381.20 of | 5387 |
the Revised Code may be totally or partially delegated to one or | 5388 |
more area arts councils, as defined in section 757.03 of the | 5389 |
Revised Code, located within the district. | 5390 |
The district provided for in
| 5391 |
shall be created upon the adoption of
| 5392 |
ordinance by the board of county commissioners of each county, the | 5393 |
legislative authority of each municipal corporation, and the board | 5394 |
of township trustees of each township enumerated in the resolution | 5395 |
or ordinance. The resolution or ordinance may be amended to | 5396 |
include additional counties, municipal corporations, or townships | 5397 |
or for any other purpose by the adoption of
| 5398 |
the board of county commissioners of each county, the legislative | 5399 |
authority of each municipal corporation, and the board of township | 5400 |
trustees of each township that has created or joined or proposes | 5401 |
to join the district. | 5402 |
After each
| 5403 |
has adopted a resolution or ordinance approving inclusion of | 5404 |
additional counties, municipal corporations, or townships in the | 5405 |
district, a copy of
| 5406 |
filed with the clerk of the board of the county commissioners of | 5407 |
each county, the clerk of the legislative authority of each | 5408 |
municipal corporation, and the fiscal officer of the board of | 5409 |
trustees of each township proposed to be included in the district. | 5410 |
5411 | |
unless the district to which territory is to be added has | 5412 |
authority to levy an ad valorem tax on property within its | 5413 |
territory, in which event
| 5414 |
effective upon voter approval of the joinder and the tax. The | 5415 |
board of trustees shall promptly certify the proposal to the board | 5416 |
or boards of elections for the purpose of having the proposal | 5417 |
placed on the ballot at the next
general or
primary election
| 5418 |
that occurs not less than sixty days after the date of the meeting | 5419 |
of the board of trustees, or at a special election held on a date | 5420 |
specified in the certification that is not less than sixty days | 5421 |
after the date of
| 5422 |
more than one county, municipal corporation, or township is to be | 5423 |
added to the regional arts and cultural district, the electors of | 5424 |
5425 | |
townships which are to be added shall vote as a district, and the | 5426 |
outcome of the election shall be determined by the vote cast in | 5427 |
the entire district. Upon certification of a proposal to the board | 5428 |
or boards of
elections
pursuant to this section,
| 5429 |
boards of elections shall make the necessary arrangements for the | 5430 |
submission of
| 5431 |
to be added to the district, and the election shall be held, | 5432 |
canvassed, and certified in the manner provided for the submission | 5433 |
of tax levies under section 5705.19 of the Revised Code, except | 5434 |
that the question appearing on the ballot shall read: | 5435 |
"Shall the territory within the .................... (name or | 5436 |
names of political subdivisions to be joined) be added to | 5437 |
................................ (name) regional arts and cultural | 5438 |
district? And shall a(n) .................... (here insert type of | 5439 |
tax or taxes) at a rate of taxation not to exceed .......... (here | 5440 |
insert maximum tax rate or rates) be levied for purposes of such | 5441 |
district?" | 5442 |
If the question is approved by a majority of the electors | 5443 |
voting on
| 5444 |
and
the district may extend the levy of
| 5445 |
the taxable property within the territory that has been added. If | 5446 |
5447 | |
special election occurring prior to a general election but after | 5448 |
the fifteenth day of July in any calendar year, the district may | 5449 |
amend its budget and resolution adopted pursuant to section | 5450 |
5705.34 of
the Revised Code, and
| 5451 |
the current tax list and duplicate and collected as other taxes | 5452 |
are collected from all taxable property within the territory of | 5453 |
the
district,
including the territory added as a result of
| 5454 |
the election. | 5455 |
The territory of a district shall be coextensive with the | 5456 |
territory of the counties, municipal corporations, and townships | 5457 |
included within the district, provided that the same territory may | 5458 |
not be included in more than one regional arts and cultural | 5459 |
district, and provided, that if a district includes only a portion | 5460 |
of an entire county, a district may be created in the remaining | 5461 |
portion of the same county by resolution of the board of county | 5462 |
commissioners acting alone or in conjunction with municipal | 5463 |
corporations and townships as provided in this section. | 5464 |
Sec. 3501.37. After each election, the judges of | 5465 |
elections of each precinct, except when the board of elections | 5466 |
assumes the duty, shall see that the movable booths and other | 5467 |
equipment are
returned for safekeeping to the
| 5468 |
fiscal officer of the township or to the clerk or auditor of the | 5469 |
municipal
corporation in which the precinct is situated.
| 5470 |
fiscal officer, clerk, or auditor shall have booths and equipment | 5471 |
on hand and in place at the polling places in each precinct before | 5472 |
the time for opening the polls on election days, and for this | 5473 |
service the board may allow the necessary expenses incurred. In | 5474 |
cities, this duty shall devolve on the board. | 5475 |
Sec. 3513.253. Nominations of candidates for election as | 5476 |
officers of a township shall be made only by nominating petitions, | 5477 |
unless a majority of the electors of such township have petitioned | 5478 |
for a primary election. The nominating petitions of nonpartisan | 5479 |
candidates for township trustee and township | 5480 |
shall be signed by not less than twenty-five qualified electors of | 5481 |
the township. Such petition shall be filed with the board of | 5482 |
elections not later than four p.m. of the seventy-fifth day before | 5483 |
the day of the general election, provided that no such nominating | 5484 |
petition shall be accepted for filing if it appears to contain | 5485 |
signatures aggregating in number more than three times the minimum | 5486 |
number of signatures required by this section. A board of | 5487 |
elections shall not accept for filing a nominating petition of a | 5488 |
person if that person, for the same election, has already filed a | 5489 |
declaration of candidacy, a declaration of intent to be a write-in | 5490 |
candidate, or a nominating petition, or has become a candidate | 5491 |
through party nomination at a primary election or by the filling | 5492 |
of a vacancy under section 3513.30 or 3513.31 of the Revised Code | 5493 |
for any other township office, or for a municipal office, for | 5494 |
member of a city, local, or exempted village board of education, | 5495 |
or for member of a governing board of an educational service | 5496 |
center. When a petition of a candidate has been accepted for | 5497 |
filing by a board of elections, the petition shall not be deemed | 5498 |
invalid if, upon verification of signatures contained in the | 5499 |
petition, the board of elections finds the number of signatures | 5500 |
accepted exceeds three times the minimum number of signatures | 5501 |
required. A board of elections may discontinue verifying | 5502 |
signatures when the number of verified signatures on a petition | 5503 |
equals the minimum required number of qualified signatures. | 5504 |
Sec. 3517.10. (A) Except as otherwise provided in this | 5505 |
division, every campaign committee, political action committee, | 5506 |
legislative campaign fund, and political party that made or | 5507 |
received a contribution or made an expenditure in connection with | 5508 |
the nomination or election of any candidate or in connection with | 5509 |
any ballot issue or question at any election held or to be held in | 5510 |
this state shall file, on a form prescribed under this section or | 5511 |
by electronic means of transmission as provided in this section | 5512 |
and section 3517.106 of the Revised Code, a full, true, and | 5513 |
itemized statement, made under penalty of election falsification, | 5514 |
setting forth in detail the contributions and expenditures, not | 5515 |
later than four p.m. of the following dates: | 5516 |
(1) The twelfth day before the election to reflect | 5517 |
contributions received and expenditures made from the close of | 5518 |
business on the last day reflected in the last previously filed | 5519 |
statement, if any, to the close of business on the twentieth day | 5520 |
before the election; | 5521 |
(2) The thirty-eighth day after the election to reflect the | 5522 |
contributions received and expenditures made from the close of | 5523 |
business on the last day reflected in the last previously filed | 5524 |
statement, if any, to the close of business on the seventh day | 5525 |
before the filing of the statement; | 5526 |
(3) The last business day of January of every year to reflect | 5527 |
the contributions received and expenditures made from the close of | 5528 |
business on the last day reflected in the last previously filed | 5529 |
statement, if any, to the close of business on the last day of | 5530 |
December of the previous year; | 5531 |
(4) The last business day of July of every year to reflect | 5532 |
the contributions received and expenditures made from the close of | 5533 |
business on the last day reflected in the last previously filed | 5534 |
statement, if any, to the close of business on the last day of | 5535 |
June of that year. | 5536 |
A campaign committee shall only be required to file the | 5537 |
statements prescribed under divisions (A)(1) and (2) of this | 5538 |
section in connection with the nomination or election of the | 5539 |
committee's candidate. | 5540 |
The statement required under division (A)(1) of this section | 5541 |
shall not be required of any campaign committee, political action | 5542 |
committee, legislative campaign fund, or political party that has | 5543 |
received contributions of less than one thousand dollars and has | 5544 |
made expenditures of less than one thousand dollars at the close | 5545 |
of business on the twentieth day before the election. Those | 5546 |
contributions and expenditures shall be reported in the statement | 5547 |
required under division (A)(2) of this section. | 5548 |
If an election to select candidates to appear on the general | 5549 |
election ballot is held within sixty days before a general | 5550 |
election, the campaign committee of a successful candidate in the | 5551 |
earlier election may file the statement required by division | 5552 |
(A)(1) of this section for the general election instead of the | 5553 |
statement required by division (A)(2) of this section for the | 5554 |
earlier election if the pregeneral election statement reflects the | 5555 |
status of contributions and expenditures for the period twenty | 5556 |
days before the earlier election to twenty days before the general | 5557 |
election. | 5558 |
If a person becomes a candidate less than twenty days before | 5559 |
an election, the candidate's campaign committee is not required to | 5560 |
file the statement required by division (A)(1) of this section. | 5561 |
No statement under division (A)(3) or (4) of this section | 5562 |
shall be required for any year in which a campaign committee, | 5563 |
political action committee, legislative campaign fund, or | 5564 |
political party is required to file a postgeneral election | 5565 |
statement under division (A)(2) of this section. However, such a | 5566 |
statement may be filed, at the option of the campaign committee, | 5567 |
political action committee, legislative campaign fund, or | 5568 |
political party. | 5569 |
No statement under division (A)(3) or (4) of this section | 5570 |
shall be required if the campaign committee, political action | 5571 |
committee, legislative campaign fund, or political party has no | 5572 |
contributions that it has received and no expenditures that it has | 5573 |
made since the last date reflected in its last previously filed | 5574 |
statement. However, the campaign committee, political action | 5575 |
committee, legislative campaign fund, or political party shall | 5576 |
file a statement to that effect, on a form prescribed under this | 5577 |
section and made under penalty of election falsification, on the | 5578 |
date required in division (A)(3) or (4) of this section, as | 5579 |
applicable. | 5580 |
The campaign committee of a statewide candidate shall file a | 5581 |
monthly statement of contributions received during each of the | 5582 |
months of July, August, and September in the year of the general | 5583 |
election in which the candidate seeks office. The campaign | 5584 |
committee of a statewide candidate shall file the monthly | 5585 |
statement not later than three business days after the last day of | 5586 |
the month covered by the statement. During the period beginning on | 5587 |
the nineteenth day before the general election in which a | 5588 |
statewide candidate seeks election to office and extending through | 5589 |
the day of that general election, each time the campaign committee | 5590 |
of the joint candidates for the offices of governor and lieutenant | 5591 |
governor or of a candidate for the office of secretary of state, | 5592 |
auditor of state, treasurer of state, or attorney general receives | 5593 |
a contribution from a contributor that causes the aggregate amount | 5594 |
of contributions received from that contributor during that period | 5595 |
to equal or exceed ten thousand dollars and each time the campaign | 5596 |
committee of a candidate for the office of chief justice or | 5597 |
justice of the supreme court receives a contribution from a | 5598 |
contributor that causes the aggregate amount of contributions | 5599 |
received from that contributor during that period to exceed ten | 5600 |
thousand dollars, the campaign committee shall file a | 5601 |
two-business-day statement reflecting that contribution. During | 5602 |
the period beginning on the nineteenth day before a primary | 5603 |
election in which a candidate for statewide office seeks | 5604 |
nomination to office and extending through the day of that primary | 5605 |
election, each time either the campaign committee of a statewide | 5606 |
candidate in that primary election that files a notice under | 5607 |
division (C)(1) of section 3517.103 of the Revised Code or the | 5608 |
campaign committee of a statewide candidate in that primary | 5609 |
election to which, in accordance with division (D) of section | 5610 |
3517.103 of the Revised Code, the contribution limitations | 5611 |
prescribed in section 3517.102 of the Revised Code no longer apply | 5612 |
receives a contribution from a contributor that causes the | 5613 |
aggregate amount of contributions received from that contributor | 5614 |
during that period to exceed ten thousand dollars, the campaign | 5615 |
committee shall file a two-business-day statement reflecting that | 5616 |
contribution. Contributions reported on a two-business-day | 5617 |
statement required to be filed by a campaign committee of a | 5618 |
statewide candidate in a primary election shall also be included | 5619 |
in the postprimary election statement required to be filed by that | 5620 |
campaign committee under division (A)(2) of this section. A | 5621 |
two-business-day statement required by this paragraph shall be | 5622 |
filed not later than two business days after receipt of the | 5623 |
contribution. The statements required by this paragraph shall be | 5624 |
filed in addition to any other statements required by this | 5625 |
section. | 5626 |
Subject to the secretary of state having implemented, tested, | 5627 |
and verified the successful operation of any system the secretary | 5628 |
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of | 5629 |
this section and division (H)(1) of section 3517.106 of the | 5630 |
Revised Code for the filing of campaign finance statements by | 5631 |
electronic means of transmission, a campaign committee of a | 5632 |
statewide candidate shall file a two-business-day statement under | 5633 |
the preceding paragraph by electronic means of transmission if the | 5634 |
campaign committee is required to file a pre-election, | 5635 |
postelection, or monthly statement of contributions and | 5636 |
expenditures by electronic means of transmission under this | 5637 |
section or section 3517.106 of the Revised Code. | 5638 |
If a campaign committee or political action committee has no | 5639 |
balance on hand and no outstanding obligations and desires to | 5640 |
terminate itself, it shall file a statement to that effect, on a | 5641 |
form prescribed under this section and made under penalty of | 5642 |
election falsification, with the official with whom it files a | 5643 |
statement under division (A) of this section after filing a final | 5644 |
statement of contributions and a final statement of expenditures, | 5645 |
if contributions have been received or expenditures made since the | 5646 |
period reflected in its last previously filed statement. | 5647 |
(B) Except as otherwise provided in division (C)(7) of this | 5648 |
section, each statement required by division (A) of this section | 5649 |
shall contain the following information: | 5650 |
(1) The full name and address of each campaign committee, | 5651 |
political action committee, legislative campaign fund, or | 5652 |
political party, including any treasurer of the committee, fund, | 5653 |
or party, filing a contribution and expenditure statement; | 5654 |
(2)(a) In the case of a campaign committee, the candidate's | 5655 |
full name and address; | 5656 |
(b) In the case of a political action committee, the | 5657 |
registration number assigned to the committee under division | 5658 |
(D)(1) of this section. | 5659 |
(3) The date of the election and whether it was or will be a | 5660 |
general, primary, or special election; | 5661 |
(4) A statement of contributions received, which shall | 5662 |
include the following information: | 5663 |
(a) The month, day, and year of the contribution; | 5664 |
(b)(i) The full name and address of each person, political | 5665 |
party, campaign committee, legislative campaign fund, or political | 5666 |
action committee from whom contributions are received and the | 5667 |
registration number assigned to the political action committee | 5668 |
under division (D)(1) of this section. The requirement of filing | 5669 |
the full address does not apply to any statement filed by a state | 5670 |
or local committee of a political party, to a finance committee of | 5671 |
such committee, or to a committee recognized by a state or local | 5672 |
committee as its fund-raising auxiliary. Notwithstanding division | 5673 |
(F) of this section, the requirement of filing the full address | 5674 |
shall be considered as being met if the address filed is the same | 5675 |
address the contributor provided under division (E)(1) of this | 5676 |
section. | 5677 |
(ii) If a political action committee, legislative campaign | 5678 |
fund, or political party that is required to file campaign finance | 5679 |
statements by electronic means of transmission under section | 5680 |
3517.106 of the Revised Code or a campaign committee of a | 5681 |
statewide candidate or candidate for the office of member of the | 5682 |
general assembly receives a contribution from an individual that | 5683 |
exceeds one hundred dollars, the name of the individual's current | 5684 |
employer, if any, or, if the individual is self-employed, the | 5685 |
individual's occupation and the name of the individual's business, | 5686 |
if any; | 5687 |
(iii) If a campaign committee of a statewide candidate or | 5688 |
candidate for the office of member of the general assembly | 5689 |
receives a contribution transmitted pursuant to section 3599.031 | 5690 |
of the Revised Code from amounts deducted from the wages and | 5691 |
salaries of two or more employees that exceeds in the aggregate | 5692 |
one hundred dollars during any one filing period under division | 5693 |
(A)(1), (2), (3), or (4) of this section, the full name of the | 5694 |
employees' employer and the full name of the labor organization of | 5695 |
which the employees are members, if any. | 5696 |
(c) A description of the contribution received, if other than | 5697 |
money; | 5698 |
(d) The value in dollars and cents of the contribution; | 5699 |
(e) A separately itemized account of all contributions and | 5700 |
expenditures regardless of the amount, except a receipt of a | 5701 |
contribution from a person in the sum of twenty-five dollars or | 5702 |
less at one social or fund-raising activity and a receipt of a | 5703 |
contribution transmitted pursuant to section 3599.031 of the | 5704 |
Revised Code from amounts deducted from the wages and salaries of | 5705 |
employees if the contribution from the amount deducted from the | 5706 |
wages and salary of any one employee is twenty-five dollars or | 5707 |
less aggregated in a calendar year. An account of the total | 5708 |
contributions from each social or fund-raising activity shall | 5709 |
include a description of and the value of each in-kind | 5710 |
contribution received at that activity from any person who made | 5711 |
one or more such contributions whose aggregate value exceeded two | 5712 |
hundred fifty dollars and shall be listed separately, together | 5713 |
with the expenses incurred and paid in connection with that | 5714 |
activity. A campaign committee, political action committee, | 5715 |
legislative campaign fund, or political party shall keep records | 5716 |
of contributions from each person in the amount of twenty-five | 5717 |
dollars or less at one social or fund-raising activity and | 5718 |
contributions from amounts deducted under section 3599.031 of the | 5719 |
Revised Code from the wages and salary of each employee in the | 5720 |
amount of twenty-five dollars or less aggregated in a calendar | 5721 |
year. No continuing association that is recognized by a state or | 5722 |
local committee of a political party as an auxiliary of the party | 5723 |
and that makes a contribution from funds derived solely from | 5724 |
regular dues paid by members of the auxiliary shall be required to | 5725 |
list the name or address of any members who paid those dues. | 5726 |
Contributions that are other income shall be itemized | 5727 |
separately from all other contributions. The information required | 5728 |
under division (B)(4) of this section shall be provided for all | 5729 |
other income itemized. As used in this paragraph, "other income" | 5730 |
means a loan, investment income, or interest income. | 5731 |
(f) In the case of a campaign committee of a state elected | 5732 |
officer, if a person doing business with the state elected officer | 5733 |
in the officer's official capacity makes a contribution to the | 5734 |
campaign committee of that officer, the information required under | 5735 |
division (B)(4) of this section in regard to that contribution, | 5736 |
which shall be filed together with and considered a part of the | 5737 |
committee's statement of contributions as required under division | 5738 |
(A) of this section but shall be filed on a separate form provided | 5739 |
by the secretary of state. As used in this division: | 5740 |
(i) "State elected officer" has the same meaning as in | 5741 |
section 3517.092 of the Revised Code. | 5742 |
(ii) "Person doing business" means a person or an officer of | 5743 |
an entity who enters into one or more contracts with a state | 5744 |
elected officer or anyone authorized to enter into contracts on | 5745 |
behalf of that officer to receive payments for goods or services, | 5746 |
if the payments total, in the aggregate, more than five thousand | 5747 |
dollars during a calendar year. | 5748 |
(5) A statement of expenditures which shall include the | 5749 |
following information: | 5750 |
(a) The month, day, and year of the expenditure; | 5751 |
(b) The full name and address of each person, political | 5752 |
party, campaign committee, legislative campaign fund, or political | 5753 |
action committee to whom the expenditure was made and the | 5754 |
registration number assigned to the political action committee | 5755 |
under division (D)(1) of this section; | 5756 |
(c) The object or purpose for which the expenditure was made; | 5757 |
(d) The amount of each expenditure. | 5758 |
(C)(1) The statement of contributions and expenditures shall | 5759 |
be signed by the person completing the form. If a statement of | 5760 |
contributions and expenditures is filed by electronic means of | 5761 |
transmission pursuant to this section or section 3517.106 of the | 5762 |
Revised Code, the electronic signature of the person who executes | 5763 |
the statement and transmits the statement by electronic means of | 5764 |
transmission, as provided in division (H) of section 3517.106 of | 5765 |
the Revised Code, shall be attached to or associated with the | 5766 |
statement and shall be binding on all persons and for all purposes | 5767 |
under the campaign finance reporting law as if the signature had | 5768 |
been handwritten in ink on a printed form. | 5769 |
(2) The person filing the statement, under penalty of | 5770 |
election falsification, shall include with it a list of each | 5771 |
anonymous contribution, the circumstances under which it was | 5772 |
received, and the reason it cannot be attributed to a specific | 5773 |
donor. | 5774 |
(3) Each statement of a campaign committee of a candidate who | 5775 |
holds public office shall contain a designation of each | 5776 |
contributor who is an employee in any unit or department under the | 5777 |
candidate's direct supervision and control. In a space provided in | 5778 |
the statement, the person filing the statement shall affirm that | 5779 |
each such contribution was voluntarily made. | 5780 |
(4) A campaign committee that did not receive contributions | 5781 |
or make expenditures in connection with the nomination or election | 5782 |
of its candidate shall file a statement to that effect, on a form | 5783 |
prescribed under this section and made under penalty of election | 5784 |
falsification, on the date required in division (A)(2) of this | 5785 |
section. | 5786 |
(5) The campaign committee of any person who attempts to | 5787 |
become a candidate and who, for any reason, does not become | 5788 |
certified in accordance with Title XXXV of the Revised Code for | 5789 |
placement on the official ballot of a primary, general, or special | 5790 |
election to be held in this state, and who, at any time prior to | 5791 |
or after an election, receives contributions or makes | 5792 |
expenditures, or has given consent for another to receive | 5793 |
contributions or make expenditures, for the purpose of bringing | 5794 |
about the person's nomination or election to public office, shall | 5795 |
file the statement or statements prescribed by this section and a | 5796 |
termination statement, if applicable. Division (C)(5) of this | 5797 |
section does not apply to any person with respect to an election | 5798 |
to the offices of member of a county or state central committee, | 5799 |
presidential elector, or delegate to a national convention or | 5800 |
conference of a political party. | 5801 |
(6)(a) The statements required to be filed under this section | 5802 |
shall specify the balance in the hands of the campaign committee, | 5803 |
political action committee, legislative campaign fund, or | 5804 |
political party and the disposition intended to be made of that | 5805 |
balance. | 5806 |
(b) The secretary of state shall prescribe the form for all | 5807 |
statements required to be filed under this section and shall | 5808 |
furnish the forms to the boards of elections in the several | 5809 |
counties. The boards of elections shall supply printed copies of | 5810 |
those forms without charge. The secretary of state shall prescribe | 5811 |
the appropriate methodology, protocol, and data file structure for | 5812 |
statements required or permitted to be filed by electronic means | 5813 |
of transmission under division (A) of this section, divisions (E), | 5814 |
(F), and (G) of section 3517.106, division (D) of section | 5815 |
3517.1011, division (B) of section 3517.1012, and division (C) of | 5816 |
section 3517.1013 of the Revised Code. Subject to division (A) of | 5817 |
this section, divisions (E), (F), and (G) of section 3517.106, | 5818 |
division (D) of section 3517.1011, division (B) of section | 5819 |
3517.1012, and division (C) of section 3517.1013 of the Revised | 5820 |
Code, the statements required to be stored on computer by the | 5821 |
secretary of state under division (B) of section 3517.106 of the | 5822 |
Revised Code shall be filed in whatever format the secretary of | 5823 |
state considers necessary to enable the secretary of state to | 5824 |
store the information contained in the statements on computer. Any | 5825 |
such format shall be of a type and nature that is readily | 5826 |
available to whoever is required to file the statements in that | 5827 |
format. | 5828 |
(c) The secretary of state shall assess the need for training | 5829 |
regarding the filing of campaign finance statements by electronic | 5830 |
means of transmission and regarding associated technologies for | 5831 |
candidates, campaign committees, political action committees, | 5832 |
legislative campaign funds, or political parties, for individuals, | 5833 |
partnerships, or other entities, or for persons making | 5834 |
disbursements to pay the direct costs of producing or airing | 5835 |
electioneering communications, required or permitted to file | 5836 |
statements by electronic means of transmission under this section | 5837 |
or section 3517.105, 3517.106, 3517.1011, 3517.1012, or 3517.1013 | 5838 |
of the Revised Code. If, in the opinion of the secretary of state, | 5839 |
training in these areas is necessary, the secretary of state shall | 5840 |
arrange for the provision of voluntary training programs for | 5841 |
candidates, campaign committees, political action committees, | 5842 |
legislative campaign funds, or political parties, for individuals, | 5843 |
partnerships, and other entities, or for persons making | 5844 |
disbursements to pay the direct costs of producing or airing | 5845 |
electioneering communications, as appropriate. | 5846 |
(7) Each monthly statement and each two-business-day | 5847 |
statement required by division (A) of this section shall contain | 5848 |
the information required by divisions (B)(1) to (4), (C)(2), and, | 5849 |
if appropriate, (C)(3) of this section. Each statement shall be | 5850 |
signed as required by division (C)(1) of this section. | 5851 |
(D)(1) Prior to receiving a contribution or making an | 5852 |
expenditure, every campaign committee, political action committee, | 5853 |
legislative campaign fund, or political party shall appoint a | 5854 |
treasurer and shall file, on a form prescribed by the secretary of | 5855 |
state, a designation of that appointment, including the full name | 5856 |
and address of the treasurer and of the campaign committee, | 5857 |
political action committee, legislative campaign fund, or | 5858 |
political party. That designation shall be filed with the official | 5859 |
with whom the campaign committee, political action committee, | 5860 |
legislative campaign fund, or political party is required to file | 5861 |
statements under section 3517.11 of the Revised Code. The name of | 5862 |
a campaign committee shall include at least the last name of the | 5863 |
campaign committee's candidate. The secretary of state shall | 5864 |
assign a registration number to each political action committee | 5865 |
that files a designation of the appointment of a treasurer under | 5866 |
this division if the political action committee is required by | 5867 |
division (A)(1) of section 3517.11 of the Revised Code to file the | 5868 |
statements prescribed by this section with the secretary of state. | 5869 |
(2) The treasurer appointed under division (D)(1) of this | 5870 |
section shall keep a strict account of all contributions, from | 5871 |
whom received and the purpose for which they were disbursed. | 5872 |
(3)(a) Except as otherwise provided in section 3517.108 of | 5873 |
the Revised Code, a campaign committee shall deposit all monetary | 5874 |
contributions received by the committee into an account separate | 5875 |
from a personal or business account of the candidate or campaign | 5876 |
committee. | 5877 |
(b) A political action committee shall deposit all monetary | 5878 |
contributions received by the committee into an account separate | 5879 |
from all other funds. | 5880 |
(c) A state or county political party may establish a state | 5881 |
candidate fund that is separate from an account that contains the | 5882 |
public moneys received from the Ohio political party fund under | 5883 |
section 3517.17 of the Revised Code and from all other funds. A | 5884 |
state or county political party may deposit into its state | 5885 |
candidate fund any amounts of monetary contributions that are made | 5886 |
to or accepted by the political party subject to the applicable | 5887 |
limitations, if any, prescribed in section 3517.102 of the Revised | 5888 |
Code. A state or county political party shall deposit all other | 5889 |
monetary contributions received by the party into one or more | 5890 |
accounts that are separate from its state candidate fund and from | 5891 |
its account that contains the public moneys received from the Ohio | 5892 |
political party fund under section 3517.17 of the Revised Code. | 5893 |
(d) Each state political party shall have only one | 5894 |
legislative campaign fund for each house of the general assembly. | 5895 |
Each such fund shall be separate from any other funds or accounts | 5896 |
of that state party. A legislative campaign fund is authorized to | 5897 |
receive contributions and make expenditures for the primary | 5898 |
purpose of furthering the election of candidates who are members | 5899 |
of that political party to the house of the general assembly with | 5900 |
which that legislative campaign fund is associated. Each | 5901 |
legislative campaign fund shall be administered and controlled in | 5902 |
a manner designated by the caucus. As used in this division, | 5903 |
"caucus" has the same meaning as in section 3517.01 of the Revised | 5904 |
Code and includes, as an ex officio member, the chairperson of the | 5905 |
state political party with which the caucus is associated or that | 5906 |
chairperson's designee. | 5907 |
(4) Every expenditure in excess of twenty-five dollars shall | 5908 |
be vouched for by a receipted bill, stating the purpose of the | 5909 |
expenditure, that shall be filed with the statement of | 5910 |
expenditures. A canceled check with a notation of the purpose of | 5911 |
the expenditure is a receipted bill for purposes of division | 5912 |
(D)(4) of this section. | 5913 |
(5) The secretary of state or the board of elections, as the | 5914 |
case may be, shall issue a receipt for each statement filed under | 5915 |
this section and shall preserve a copy of the receipt for a period | 5916 |
of at least six years. All statements filed under this section | 5917 |
shall be open to public inspection in the office where they are | 5918 |
filed and shall be carefully preserved for a period of at least | 5919 |
six years after the year in which they are filed. | 5920 |
(6) The secretary of state, by rule adopted pursuant to | 5921 |
section 3517.23 of the Revised Code, shall prescribe both of the | 5922 |
following: | 5923 |
(a) The manner of immediately acknowledging, with date and | 5924 |
time received, and preserving the receipt of statements that are | 5925 |
transmitted by electronic means of transmission to the secretary | 5926 |
of state pursuant to this section or section 3517.106, 3517.1011, | 5927 |
3517.1012, or 3517.1013 of the Revised Code; | 5928 |
(b) The manner of preserving the contribution and | 5929 |
expenditure, contribution and disbursement, deposit and | 5930 |
disbursement, or gift and disbursement information in the | 5931 |
statements described in division (D)(6)(a) of this section. The | 5932 |
secretary of state shall preserve the contribution and | 5933 |
expenditure, contribution and disbursement, deposit and | 5934 |
disbursement, or gift and disbursement information in those | 5935 |
statements for at least ten years after the year in which they are | 5936 |
filed by electronic means of transmission. | 5937 |
(7) The secretary of state, pursuant to division (I) of | 5938 |
section 3517.106 of the Revised Code, shall make available online | 5939 |
to the public through the internet the contribution and | 5940 |
expenditure, contribution and disbursement, deposit and | 5941 |
disbursement, or gift and disbursement information in all | 5942 |
statements, all addenda, amendments, or other corrections to | 5943 |
statements, and all amended statements filed with the secretary of | 5944 |
state by electronic or other means of transmission under this | 5945 |
section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or | 5946 |
section 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.11 of | 5947 |
the Revised Code. The secretary of state may remove the | 5948 |
information from the internet after a reasonable period of time. | 5949 |
(E)(1) Any person, political party, campaign committee, | 5950 |
legislative campaign fund, or political action committee that | 5951 |
makes a contribution in connection with the nomination or election | 5952 |
of any candidate or in connection with any ballot issue or | 5953 |
question at any election held or to be held in this state shall | 5954 |
provide its full name and address to the recipient of the | 5955 |
contribution at the time the contribution is made. The political | 5956 |
action committee also shall provide the registration number | 5957 |
assigned to the committee under division (D)(1) of this section to | 5958 |
the recipient of the contribution at the time the contribution is | 5959 |
made. | 5960 |
(2) Any individual who makes a contribution that exceeds one | 5961 |
hundred dollars to a political action committee, legislative | 5962 |
campaign fund, or political party or to a campaign committee of a | 5963 |
statewide candidate or candidate for the office of member of the | 5964 |
general assembly shall provide the name of the individual's | 5965 |
current employer, if any, or, if the individual is self-employed, | 5966 |
the individual's occupation and the name of the individual's | 5967 |
business, if any, to the recipient of the contribution at the time | 5968 |
the contribution is made. Sections 3599.39 and 3599.40 of the | 5969 |
Revised Code do not apply to division (E)(2) of this section. | 5970 |
(3) If a campaign committee shows that it has exercised its | 5971 |
best efforts to obtain, maintain, and submit the information | 5972 |
required under divisions (B)(4)(b)(ii) and (iii) of this section, | 5973 |
that committee is considered to have met the requirements of those | 5974 |
divisions. A campaign committee shall not be considered to have | 5975 |
exercised its best efforts unless, in connection with written | 5976 |
solicitations, it regularly includes a written request for the | 5977 |
information required under division (B)(4)(b)(ii) of this section | 5978 |
from the contributor or the information required under division | 5979 |
(B)(4)(b)(iii) of this section from whoever transmits the | 5980 |
contribution. | 5981 |
(4) Any check that a political action committee uses to make | 5982 |
a contribution or an expenditure shall contain the full name and | 5983 |
address of the committee and the registration number assigned to | 5984 |
the committee under division (D)(1) of this section. | 5985 |
(F) As used in this section: | 5986 |
(1)(a) Except as otherwise provided in division (F)(1) of | 5987 |
this section, "address" means all of the following if they exist: | 5988 |
apartment number, street, road, or highway name and number, rural | 5989 |
delivery route number, city or village, state, and zip code as | 5990 |
used in a person's post-office address, but not post-office box. | 5991 |
(b) Except as otherwise provided in division (F)(1) of this | 5992 |
section, if an address is required in this section, a post-office | 5993 |
box and office, room, or suite number may be included in addition | 5994 |
to, but not in lieu of, an apartment, street, road, or highway | 5995 |
name and number. | 5996 |
(c) If an address is required in this section, a campaign | 5997 |
committee, political action committee, legislative campaign fund, | 5998 |
or political party may use the business or residence address of | 5999 |
its treasurer or deputy treasurer. The post-office box number of | 6000 |
the campaign committee, political action committee, legislative | 6001 |
campaign fund, or political party may be used in addition to that | 6002 |
address. | 6003 |
(d) For the sole purpose of a campaign committee's reporting | 6004 |
of contributions on a statement of contributions received under | 6005 |
division (B)(4) of this section, "address" has one of the | 6006 |
following meanings at the option of the campaign committee: | 6007 |
(i) The same meaning as in division (F)(1)(a) of this | 6008 |
section; | 6009 |
(ii) All of the following, if they exist: the contributor's | 6010 |
post-office box number and city or village, state, and zip code as | 6011 |
used in the contributor's post-office address. | 6012 |
(e) As used with regard to the reporting under this section | 6013 |
of any expenditure, "address" means all of the following if they | 6014 |
exist: apartment number, street, road, or highway name and number, | 6015 |
rural delivery route number, city or village, state, and zip code | 6016 |
as used in a person's post-office address, or post-office box. If | 6017 |
an address concerning any expenditure is required in this section, | 6018 |
a campaign committee, political action committee, legislative | 6019 |
campaign fund, or political party may use the business or | 6020 |
residence address of its treasurer or deputy treasurer or its | 6021 |
post-office box number. | 6022 |
(2) "Statewide candidate" means the joint candidates for the | 6023 |
offices of governor and lieutenant governor or a candidate for the | 6024 |
office of secretary of state, auditor of state, treasurer of | 6025 |
state, attorney general, member of the state board of education, | 6026 |
chief justice of the supreme court, or justice of the supreme | 6027 |
court. | 6028 |
(G) An independent expenditure shall be reported whenever and | 6029 |
in the same manner that an expenditure is required to be reported | 6030 |
under this section and shall be reported pursuant to division | 6031 |
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code. | 6032 |
(H)(1) Except as otherwise provided in division (H)(2) of | 6033 |
this section, if, during the combined pre-election and | 6034 |
postelection reporting periods for an election, a campaign | 6035 |
committee has received contributions of five hundred dollars or | 6036 |
less and has made expenditures in the total amount of five hundred | 6037 |
dollars or less, it may file a statement to that effect, under | 6038 |
penalty of election falsification, in lieu of the statement | 6039 |
required by division (A)(2) of this section. The statement shall | 6040 |
indicate the total amount of contributions received and the total | 6041 |
amount of expenditures made during those combined reporting | 6042 |
periods. | 6043 |
(2) In the case of a successful candidate at a primary | 6044 |
election, if either the total contributions received by or the | 6045 |
total expenditures made by the candidate's campaign committee | 6046 |
during the preprimary, postprimary, pregeneral, and postgeneral | 6047 |
election periods combined equal more than five hundred dollars, | 6048 |
the campaign committee may file the statement under division | 6049 |
(H)(1) of this section only for the primary election. The first | 6050 |
statement that the campaign committee files in regard to the | 6051 |
general election shall reflect all contributions received and all | 6052 |
expenditures made during the preprimary and postprimary election | 6053 |
periods. | 6054 |
(3) Divisions (H)(1) and (2) of this section do not apply if | 6055 |
a campaign committee receives contributions or makes expenditures | 6056 |
prior to the first day of January of the year of the election at | 6057 |
which the candidate seeks nomination or election to office or if | 6058 |
the campaign committee does not file a termination statement with | 6059 |
its postprimary election statement in the case of an unsuccessful | 6060 |
primary election candidate or with its postgeneral election | 6061 |
statement in the case of other candidates. | 6062 |
(I) In the case of a contribution made by a partner of a | 6063 |
partnership or an owner or a member of another unincorporated | 6064 |
business from any funds of the partnership or other unincorporated | 6065 |
business, all of the following apply: | 6066 |
(1) The recipient of the contribution shall report the | 6067 |
contribution by listing both the partnership or other | 6068 |
unincorporated business and the name of the partner, owner, or | 6069 |
member making the contribution. | 6070 |
(2) For purposes of section 3517.102 of the Revised Code, the | 6071 |
contribution shall be considered to have been made by the partner, | 6072 |
owner, or member reported under division (I)(1) of this section. | 6073 |
(3) No contribution from a partner of a partnership or an | 6074 |
owner or a member of another unincorporated business shall be | 6075 |
accepted from any funds of the partnership or other unincorporated | 6076 |
business unless the recipient reports the contribution under | 6077 |
division (I)(1) of this section. | 6078 |
(4) No partnership or other unincorporated business shall | 6079 |
make a contribution or contributions solely in the name of the | 6080 |
partnership or other unincorporated business. | 6081 |
(5) As used in division (I) of this section, "partnership or | 6082 |
other unincorporated business" includes, but is not limited to, a | 6083 |
cooperative, a sole proprietorship, a general partnership, a | 6084 |
limited partnership, a limited partnership association, a limited | 6085 |
liability partnership, and a limited liability company. | 6086 |
(J) A candidate shall have only one campaign committee at any | 6087 |
given time for all of the offices for which the person is a | 6088 |
candidate or holds office. | 6089 |
(K)(1) In addition to filing a designation of appointment of | 6090 |
a treasurer under division (D)(1) of this section, the campaign | 6091 |
committee of any candidate for an elected municipal office that | 6092 |
pays an annual amount of compensation of five thousand dollars or | 6093 |
less, the campaign committee of any candidate for member of a | 6094 |
board of education except member of the state board of education, | 6095 |
or the campaign committee of any candidate for township trustee or | 6096 |
township
| 6097 |
falsification, a certificate attesting that the committee will not | 6098 |
accept contributions during an election period that exceed in the | 6099 |
aggregate two thousand dollars from all contributors and one | 6100 |
hundred dollars from any one individual, and that the campaign | 6101 |
committee will not make expenditures during an election period | 6102 |
that exceed in the aggregate two thousand dollars. | 6103 |
The certificate shall be on a form prescribed by the | 6104 |
secretary of state and shall be filed not later than ten days | 6105 |
after the candidate files a declaration of candidacy and petition, | 6106 |
a nominating petition, or a declaration of intent to be a write-in | 6107 |
candidate. | 6108 |
(2) Except as otherwise provided in division (K)(3) of this | 6109 |
section, a campaign committee that files a certificate under | 6110 |
division (K)(1) of this section is not required to file the | 6111 |
statements required by division (A) of this section. | 6112 |
(3) If, after filing a certificate under division (K)(1) of | 6113 |
this section, a campaign committee exceeds any of the limitations | 6114 |
described in that division during an election period, the | 6115 |
certificate is void and thereafter the campaign committee shall | 6116 |
file the statements required by division (A) of this section. If | 6117 |
the campaign committee has not previously filed a statement, then | 6118 |
on the first statement the campaign committee is required to file | 6119 |
under division (A) of this section after the committee's | 6120 |
certificate is void, the committee shall report all contributions | 6121 |
received and expenditures made from the time the candidate filed | 6122 |
the candidate's declaration of candidacy and petition, nominating | 6123 |
petition, or declaration of intent to be a write-in candidate. | 6124 |
(4) As used in division (K) of this section, "election | 6125 |
period" means the period of time beginning on the day a person | 6126 |
files a declaration of candidacy and petition, nominating | 6127 |
petition, or declaration of intent to be a write-in candidate | 6128 |
through the day of the election at which the person seeks | 6129 |
nomination to office if the person is not elected to office, or, | 6130 |
if the candidate was nominated in a primary election, the day of | 6131 |
the election at which the candidate seeks office. | 6132 |
Sec. 3709.30. In case of epidemic or threatened epidemic or | 6133 |
during the unusual prevalence of a dangerous communicable disease, | 6134 |
if the moneys in the district health fund of a general health | 6135 |
district are not sufficient, in the judgment of the board of | 6136 |
health of
| 6137 |
prevent the spread of such disease,
| 6138 |
the
amount required for
| 6139 |
the townships and municipal corporations in which the condition | 6140 |
exists, on the basis provided for in section 3709.28 of the | 6141 |
Revised Code.
| 6142 |
certified to the county auditor of the proper county, who shall | 6143 |
draw an order on the clerk, fiscal officer, auditor, or other | 6144 |
similar officer of each township or municipal corporation affected | 6145 |
6146 | |
officer, auditor, or other similar officer shall forthwith draw | 6147 |
6148 | |
treasurer
of
| 6149 |
the certification, which shall be honored by the | 6150 |
officer or treasurer from any general treasury balances subject to | 6151 |
6152 | |
funds. | 6153 |
The clerk, fiscal officer, auditor, or other similar officer | 6154 |
then shall
| 6155 |
emergency health
account, | 6156 |
account, and certify the action taken to the board of township | 6157 |
trustees, legislative authority, or other body having the power to | 6158 |
borrow money.
| 6159 |
powers provided for in section 3707.28 of the Revised Code. Moneys | 6160 |
raised under this section shall be placed in the treasury of the | 6161 |
borrowing subdivision and credited to the emergency health | 6162 |
account, which shall
| 6163 |
taken from general cash balances shall be restored thereto and the | 6164 |
regular funds of the subdivision shall be restored thereby. | 6165 |
If there is not sufficient money in the general cash balances | 6166 |
of
| 6167 |
clerk, fiscal officer, auditor, or other similar officer, the | 6168 |
6169 | |
municipal corporation shall honor
| 6170 |
of the
cash in
| 6171 |
certified by the clerk, fiscal officer, auditor, or other similar | 6172 |
officer and the | 6173 |
borrowing authority, which shall immediately exercise the powers | 6174 |
provided for in this section, to raise the amount of the warrant. | 6175 |
The proceeds of such action shall be paid into the general cash | 6176 |
balance in the treasury of the subdivision, and the balance due on | 6177 |
the warrant shall then be paid. | 6178 |
The warrants provided for in this section shall be drawn in | 6179 |
favor of the county treasurer, as treasurer of the district health | 6180 |
fund, and the proceeds shall go into
| 6181 |
account shall be kept of expenditures under this section. If a | 6182 |
greater amount is expended in any township or municipal | 6183 |
corporation than the amount drawn therefrom by action under this | 6184 |
section, the excess shall be charged against
| 6185 |
at the next annual apportionment in addition to the amount | 6186 |
apportionable to
| 6187 |
Revised Code. If the amount drawn under this section is not wholly | 6188 |
expended in any subdivision, the unexpended remainder shall be | 6189 |
credited to the next annual apportionment to
| 6190 |
Performance of the official duties imposed by this section on | 6191 |
officers, boards, and legislative bodies may be enforced by | 6192 |
mandamus on the relation of the board of health, which is hereby | 6193 |
given special capacity to sue in
| 6194 |
6195 | |
shall not be more than three days after the filing of the | 6196 |
petition. | 6197 |
Sec. 3734.025. The owner or operator of an off-site | 6198 |
infectious waste treatment facility shall pay the fees levied by | 6199 |
an ordinance or resolution adopted under section 3734.024 of the | 6200 |
Revised Code monthly to the treasurer or other such officer of the | 6201 |
municipal corporation as, by virtue of the charter, has the duties | 6202 |
of the treasurer or to the
| 6203 |
The owner or operator shall remit the fees to the treasurer or | 6204 |
other
officer or to the
| 6205 |
rules adopted under section 3734.026 of the Revised Code. The | 6206 |
remittance shall be accompanied by a return indicating the total | 6207 |
amount of infectious wastes received at the facility for treatment | 6208 |
during the month to which the return applies. If a monthly return | 6209 |
and remittance of the fees are not submitted to the treasurer or | 6210 |
other officer or
to the
| 6211 |
after the last day of the month to which the return and remittance | 6212 |
apply or within sixty days after the date otherwise established in | 6213 |
rules adopted under section 3734.026 of the Revised Code, the | 6214 |
owner or operator shall pay a penalty of an additional fifty per | 6215 |
cent of the amount of the remittance for each month that it is | 6216 |
late. | 6217 |
Money received by the treasurer or
| 6218 |
municipal corporation under this section shall be paid into the | 6219 |
general fund of the municipal corporation. Money received by the | 6220 |
6221 | |
paid into the general fund of the township. The treasurer or other | 6222 |
officer
of the municipal corporation or
the
| 6223 |
of the township, as appropriate, shall maintain separate records | 6224 |
of money received from the fees remitted under this section. | 6225 |
No owner or operator of an off-site infectious waste | 6226 |
treatment facility shall violate or fail to comply with this | 6227 |
section or a rule adopted under section 3734.026 of the Revised | 6228 |
Code. | 6229 |
Sec. 3734.026. The director of environmental protection | 6230 |
shall adopt rules in accordance with Chapter 119. of the Revised | 6231 |
Code establishing procedures for remitting fees levied under | 6232 |
section 3734.024 of the Revised Code to the treasurers or other | 6233 |
appropriate fiscal officers of municipal corporations and to the | 6234 |
6235 | |
establish the dates for remitting the fees to those officers and | 6236 |
may establish any other requirements that the director considers | 6237 |
necessary or appropriate to implement or administer sections | 6238 |
3734.024 and 3734.025 of the Revised Code. | 6239 |
Sec. 3734.57. (A) For the purposes of paying the state's | 6240 |
long-term operation costs or matching share for actions taken | 6241 |
under the "Comprehensive Environmental Response, Compensation, and | 6242 |
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as | 6243 |
amended; paying the costs of measures for proper clean-up of sites | 6244 |
where polychlorinated biphenyls and substances, equipment, and | 6245 |
devices containing or contaminated with polychlorinated biphenyls | 6246 |
have been stored or disposed of; paying the costs of conducting | 6247 |
surveys or investigations of solid waste facilities or other | 6248 |
locations where it is believed that significant quantities of | 6249 |
hazardous waste were disposed of and for conducting enforcement | 6250 |
actions arising from the findings of such surveys or | 6251 |
investigations; paying the costs of acquiring and cleaning up, or | 6252 |
providing financial assistance for cleaning up, any hazardous | 6253 |
waste facility or solid waste facility containing significant | 6254 |
quantities of hazardous waste, that constitutes an imminent and | 6255 |
substantial threat to public health or safety or the environment; | 6256 |
and, from July 1, 2003, through June 30, 2006, for the purposes of | 6257 |
paying the costs of administering and enforcing the laws | 6258 |
pertaining to solid wastes, infectious wastes, and construction | 6259 |
and demolition debris, including, without limitation, ground water | 6260 |
evaluations related to solid wastes, infectious wastes, and | 6261 |
construction and demolition debris, under this chapter and Chapter | 6262 |
3714. of the Revised Code and any rules adopted under them, and | 6263 |
paying a share of the administrative costs of the environmental | 6264 |
protection agency pursuant to section 3745.014 of the Revised | 6265 |
Code, the following fees are hereby levied on the disposal of | 6266 |
solid wastes in this state: | 6267 |
(1) One dollar per ton on and after July 1, 1993; | 6268 |
(2) An additional one dollar per ton on and after July 1, | 6269 |
2003, through June 30, 2006. | 6270 |
The owner or operator of a solid waste disposal facility | 6271 |
shall collect the fees levied under this division as a trustee for | 6272 |
the state and shall prepare and file with the director of | 6273 |
environmental protection monthly returns indicating the total | 6274 |
tonnage of solid wastes received for disposal at the gate of the | 6275 |
facility and the total amount of the fees collected under this | 6276 |
division. Not later than thirty days after the last day of the | 6277 |
month to which such a return applies, the owner or operator shall | 6278 |
mail to the director the return for that month together with the | 6279 |
fees collected during that month as indicated on the return. The | 6280 |
owner or operator may request an extension of not more than thirty | 6281 |
days for filing the return and remitting the fees, provided that | 6282 |
the owner or operator has submitted such a request in writing to | 6283 |
the director together with a detailed description of why the | 6284 |
extension is requested, the director has received the request not | 6285 |
later than the day on which the return is required to be filed, | 6286 |
and the director has approved the request. If the fees are not | 6287 |
remitted within thirty days after the last day of the month during | 6288 |
which they were collected or are not remitted by the last day of | 6289 |
an extension approved by the director, the owner or operator shall | 6290 |
pay an additional fifty per cent of the amount of the fees for | 6291 |
each month that they are late. | 6292 |
One-half of the moneys remitted to the director under | 6293 |
division (A)(1) of this section shall be credited to the hazardous | 6294 |
waste facility management fund created in section 3734.18 of the | 6295 |
Revised Code, and one-half shall be credited to the hazardous | 6296 |
waste clean-up fund created in section 3734.28 of the Revised | 6297 |
Code. The moneys remitted to the director under division (A)(2) of | 6298 |
this section shall be credited to the solid waste fund, which is | 6299 |
hereby created in the state treasury. The environmental protection | 6300 |
agency shall use moneys in the solid waste fund only to pay the | 6301 |
costs of administering and enforcing the laws pertaining to solid | 6302 |
wastes, infectious wastes, and construction and demolition debris, | 6303 |
including, without limitation, ground water evaluations related to | 6304 |
solid wastes, infectious wastes, and construction and demolition | 6305 |
debris, under this chapter and Chapter 3714. of the Revised Code | 6306 |
and rules adopted under them and to pay a share of the | 6307 |
administrative costs of the environmental protection agency | 6308 |
pursuant to section 3745.014 of the Revised Code. | 6309 |
The fees levied under this division and divisions (B) and (C) | 6310 |
of this section are in addition to all other applicable fees and | 6311 |
taxes and shall be added to any other fee or amount specified in a | 6312 |
contract that is charged by the owner or operator of a solid waste | 6313 |
disposal facility or to any other fee or amount that is specified | 6314 |
in a contract entered into on or after March 4, 1992, and that is | 6315 |
charged by a transporter of solid wastes. | 6316 |
(B) For the purpose of preparing, revising, and implementing | 6317 |
the solid waste management plan of the county or joint solid waste | 6318 |
management district, including, without limitation, the | 6319 |
development and implementation of solid waste recycling or | 6320 |
reduction programs; providing financial assistance to boards of | 6321 |
health within the district, if solid waste facilities are located | 6322 |
within the district, for the enforcement of this chapter and rules | 6323 |
adopted and orders and terms and conditions of permits, licenses, | 6324 |
and variances issued under it, other than the hazardous waste | 6325 |
provisions of this chapter and rules adopted and orders and terms | 6326 |
and conditions of permits issued under those provisions; providing | 6327 |
financial assistance to the county to defray the added costs of | 6328 |
maintaining roads and other public facilities and of providing | 6329 |
emergency and other public services resulting from the location | 6330 |
and operation of a solid waste facility within the county under | 6331 |
the district's approved solid waste management plan; paying the | 6332 |
costs incurred by boards of health for collecting and analyzing | 6333 |
water samples from public or private wells on lands adjacent to | 6334 |
solid waste facilities that are contained in the approved or | 6335 |
amended plan of the district; paying the costs of developing and | 6336 |
implementing a program for the inspection of solid wastes | 6337 |
generated outside the boundaries of this state that are disposed | 6338 |
of at solid waste facilities included in the district's approved | 6339 |
solid waste management plan or amended plan; providing financial | 6340 |
assistance to boards of health within the district for enforcing | 6341 |
laws prohibiting open dumping; providing financial assistance to | 6342 |
local law enforcement agencies within the district for enforcing | 6343 |
laws and ordinances prohibiting littering; providing financial | 6344 |
assistance to boards of health of health districts within the | 6345 |
district that are on the approved list under section 3734.08 of | 6346 |
the Revised Code for the training and certification required for | 6347 |
their employees responsible for solid waste enforcement by rules | 6348 |
adopted under division (L) of section 3734.02 of the Revised Code; | 6349 |
providing financial assistance to individual municipal | 6350 |
corporations and townships within the district to defray their | 6351 |
added costs of maintaining roads and other public facilities and | 6352 |
of providing emergency and other public services resulting from | 6353 |
the location and operation within their boundaries of a | 6354 |
composting, energy or resource recovery, incineration, or | 6355 |
recycling facility that either is owned by the district or is | 6356 |
furnishing solid waste management facility or recycling services | 6357 |
to the district pursuant to a contract or agreement with the board | 6358 |
of county commissioners or directors of the district; and payment | 6359 |
of any expenses that are agreed to, awarded, or ordered to be paid | 6360 |
under section 3734.35 of the Revised Code and of any | 6361 |
administrative costs incurred pursuant to that section, the solid | 6362 |
waste management policy committee of a county or joint solid waste | 6363 |
management district may levy fees upon the following activities: | 6364 |
(1) The disposal at a solid waste disposal facility located | 6365 |
in the district of solid wastes generated within the district; | 6366 |
(2) The disposal at a solid waste disposal facility within | 6367 |
the district of solid wastes generated outside the boundaries of | 6368 |
the district, but inside this state; | 6369 |
(3) The disposal at a solid waste disposal facility within | 6370 |
the district of solid wastes generated outside the boundaries of | 6371 |
this state. | 6372 |
If any such fees are levied prior to January 1, 1994, fees | 6373 |
levied under division (B)(1) of this section always shall be equal | 6374 |
to one-half of the fees levied under division (B)(2) of this | 6375 |
section, and fees levied under division (B)(3) of this section, | 6376 |
which shall be in addition to fees levied under division (B)(2) of | 6377 |
this section, always shall be equal to fees levied under division | 6378 |
(B)(1) of this section, except as otherwise provided in this | 6379 |
division. The solid waste management plan of the county or joint | 6380 |
district approved under section 3734.521 or 3734.55 of the Revised | 6381 |
Code and any amendments to it, or the resolution adopted under | 6382 |
this division, as appropriate, shall establish the rates of the | 6383 |
fees levied under divisions (B)(1), (2), and (3) of this section, | 6384 |
if any, and shall specify whether the fees are levied on the basis | 6385 |
of tons or cubic yards as the unit of measurement. Although the | 6386 |
fees under divisions (A)(1) and (2) of this section are levied on | 6387 |
the basis of tons as the unit of measurement, the solid waste | 6388 |
management plan of the district and any amendments to it or the | 6389 |
solid waste management policy committee in its resolution levying | 6390 |
fees under this division may direct that the fees levied under | 6391 |
those divisions be levied on the basis of cubic yards as the unit | 6392 |
of measurement based upon a conversion factor of three cubic yards | 6393 |
per ton generally or one cubic yard per ton for baled wastes if | 6394 |
the fees under divisions (B)(1) to (3) of this section are being | 6395 |
levied on the basis of cubic yards as the unit of measurement | 6396 |
under the plan, amended plan, or resolution. | 6397 |
On and after January 1, 1994, the fee levied under division | 6398 |
(B)(1) of this section shall be not less than one dollar per ton | 6399 |
nor more than two dollars per ton, the fee levied under division | 6400 |
(B)(2) of this section shall be not less than two dollars per ton | 6401 |
nor more than four dollars per ton, and the fee levied under | 6402 |
division (B)(3) of this section shall be not more than the fee | 6403 |
levied under division (B)(1) of this section, except as otherwise | 6404 |
provided in this division and notwithstanding any schedule of | 6405 |
those fees established in the solid waste management plan of a | 6406 |
county or joint district approved under section 3734.55 of the | 6407 |
Revised Code or a resolution adopted and ratified under this | 6408 |
division that is in effect on that date. If the fee that a | 6409 |
district is levying under division (B)(1) of this section on that | 6410 |
date under its approved plan or such a resolution is less than one | 6411 |
dollar per ton, the fee shall be one dollar per ton on and after | 6412 |
January 1, 1994, and if the fee that a district is so levying | 6413 |
under that division exceeds two dollars per ton, the fee shall be | 6414 |
two dollars per ton on and after that date. If the fee that a | 6415 |
district is so levying under division (B)(2) of this section is | 6416 |
less than two dollars per ton, the fee shall be two dollars per | 6417 |
ton on and after that date, and if the fee that the district is so | 6418 |
levying under that division exceeds four dollars per ton, the fee | 6419 |
shall be four dollars per ton on and after that date. On that | 6420 |
date, the fee levied by a district under division (B)(3) of this | 6421 |
section shall be equal to the fee levied under division (B)(1) of | 6422 |
this section. Except as otherwise provided in this division, the | 6423 |
fees established by the operation of this amendment shall remain | 6424 |
in effect until the district's resolution levying fees under this | 6425 |
division is amended or repealed in accordance with this division | 6426 |
to amend or abolish the schedule of fees, the schedule of fees is | 6427 |
amended or abolished in an amended plan of the district approved | 6428 |
under section 3734.521 or division (A) or (D) of section 3734.56 | 6429 |
of the Revised Code, or the schedule of fees is amended or | 6430 |
abolished through an amendment to the district's plan under | 6431 |
division (E) of section 3734.56 of the Revised Code; the | 6432 |
notification of the amendment or abolishment of the fees has been | 6433 |
given in accordance with this division; and collection of the | 6434 |
amended fees so established commences, or collection of the fees | 6435 |
ceases, in accordance with this division. | 6436 |
The solid waste management policy committee of a district | 6437 |
levying fees under divisions (B)(1) to (3) of this section on | 6438 |
October 29, 1993, under its solid waste management plan approved | 6439 |
under section 3734.55 of the Revised Code or a resolution adopted | 6440 |
and ratified under this division that are within the ranges of | 6441 |
rates prescribed by this amendment, by adoption of a resolution | 6442 |
not later than December 1, 1993, and without the necessity for | 6443 |
ratification of the resolution under this division, may amend | 6444 |
those fees within the prescribed ranges, provided that the | 6445 |
estimated revenues from the amended fees will not substantially | 6446 |
exceed the estimated revenues set forth in the district's budget | 6447 |
for calendar year 1994. Not later than seven days after the | 6448 |
adoption of such a resolution, the committee shall notify by | 6449 |
certified mail the owner or operator of each solid waste disposal | 6450 |
facility that is required to collect the fees of the adoption of | 6451 |
the resolution and of the amount of the amended fees. Collection | 6452 |
of the amended fees shall take effect on the first day of the | 6453 |
first month following the month in which the notification is sent | 6454 |
to the owner or operator. The fees established in such a | 6455 |
resolution shall remain in effect until the district's resolution | 6456 |
levying fees that was adopted and ratified under this division is | 6457 |
amended or repealed, and the amendment or repeal of the resolution | 6458 |
is ratified, in accordance with this division, to amend or abolish | 6459 |
the fees, the schedule of fees is amended or abolished in an | 6460 |
amended plan of the district approved under section 3734.521 or | 6461 |
division (A) or (D) of section 3734.56 of the Revised Code, or the | 6462 |
schedule of fees is amended or abolished through an amendment to | 6463 |
the district's plan under division (E) of section 3734.56 of the | 6464 |
Revised Code; the notification of the amendment or abolishment of | 6465 |
the fees has been given in accordance with this division; and | 6466 |
collection of the amended fees so established commences, or | 6467 |
collection of the fees ceases, in accordance with this division. | 6468 |
Prior to the approval of the solid waste management plan of | 6469 |
the district under section 3734.55 of the Revised Code, the solid | 6470 |
waste management policy committee of a district may levy fees | 6471 |
under this division by adopting a resolution establishing the | 6472 |
proposed amount of the fees. Upon adopting the resolution, the | 6473 |
committee shall deliver a copy of the resolution to the board of | 6474 |
county commissioners of each county forming the district and to | 6475 |
the legislative authority of each municipal corporation and | 6476 |
township under the jurisdiction of the district and shall prepare | 6477 |
and publish the resolution and a notice of the time and location | 6478 |
where a public hearing on the fees will be held. Upon adopting the | 6479 |
resolution, the committee shall deliver written notice of the | 6480 |
adoption of the resolution; of the amount of the proposed fees; | 6481 |
and of the date, time, and location of the public hearing to the | 6482 |
director and to the fifty industrial, commercial, or institutional | 6483 |
generators of solid wastes within the district that generate the | 6484 |
largest quantities of solid wastes, as determined by the | 6485 |
committee, and to their local trade associations. The committee | 6486 |
shall make good faith efforts to identify those generators within | 6487 |
the district and their local trade associations, but the | 6488 |
nonprovision of notice under this division to a particular | 6489 |
generator or local trade association does not invalidate the | 6490 |
proceedings under this division. The publication shall occur at | 6491 |
least thirty days before the hearing. After the hearing, the | 6492 |
committee may make such revisions to the proposed fees as it | 6493 |
considers appropriate and thereafter, by resolution, shall adopt | 6494 |
the revised fee schedule. Upon adopting the revised fee schedule, | 6495 |
the committee shall deliver a copy of the resolution doing so to | 6496 |
the board of county commissioners of each county forming the | 6497 |
district and to the legislative authority of each municipal | 6498 |
corporation and township under the jurisdiction of the district. | 6499 |
Within sixty days after the delivery of a copy of the resolution | 6500 |
adopting the proposed revised fees by the policy committee, each | 6501 |
such board and legislative authority, by ordinance or resolution, | 6502 |
shall approve or disapprove the revised fees and deliver a copy of | 6503 |
the ordinance or resolution to the committee. If any such board or | 6504 |
legislative authority fails to adopt and deliver to the policy | 6505 |
committee an ordinance or resolution approving or disapproving the | 6506 |
revised fees within sixty days after the policy committee | 6507 |
delivered its resolution adopting the proposed revised fees, it | 6508 |
shall be conclusively presumed that the board or legislative | 6509 |
authority has approved the proposed revised fees. | 6510 |
In the case of a county district or a joint district formed | 6511 |
by two or three counties, the committee shall declare the proposed | 6512 |
revised fees to be ratified as the fee schedule of the district | 6513 |
upon determining that the board of county commissioners of each | 6514 |
county forming the district has approved the proposed revised fees | 6515 |
and that the legislative authorities of a combination of municipal | 6516 |
corporations and townships with a combined population within the | 6517 |
district comprising at least sixty per cent of the total | 6518 |
population of the district have approved the proposed revised | 6519 |
fees, provided that in the case of a county district, that | 6520 |
combination shall include the municipal corporation having the | 6521 |
largest population within the boundaries of the district, and | 6522 |
provided further that in the case of a joint district formed by | 6523 |
two or three counties, that combination shall include for each | 6524 |
county forming the joint district the municipal corporation having | 6525 |
the largest population within the boundaries of both the county in | 6526 |
which the municipal corporation is located and the joint district. | 6527 |
In the case of a joint district formed by four or more counties, | 6528 |
the committee shall declare the proposed revised fees to be | 6529 |
ratified as the fee schedule of the joint district upon | 6530 |
determining that the boards of county commissioners of a majority | 6531 |
of the counties forming the district have approved the proposed | 6532 |
revised fees; that, in each of a majority of the counties forming | 6533 |
the joint district, the proposed revised fees have been approved | 6534 |
by the municipal corporation having the largest population within | 6535 |
the county and the joint district; and that the legislative | 6536 |
authorities of a combination of municipal corporations and | 6537 |
townships with a combined population within the joint district | 6538 |
comprising at least sixty per cent of the total population of the | 6539 |
joint district have approved the proposed revised fees. | 6540 |
For the purposes of this division, only the population of the | 6541 |
unincorporated area of a township shall be considered. For the | 6542 |
purpose of determining the largest municipal corporation within | 6543 |
each county under this division, a municipal corporation that is | 6544 |
located in more than one solid waste management district, but that | 6545 |
is under the jurisdiction of one county or joint solid waste | 6546 |
management district in accordance with division (A) of section | 6547 |
3734.52 of the Revised Code shall be considered to be within the | 6548 |
boundaries of the county in which a majority of the population of | 6549 |
the municipal corporation resides. | 6550 |
The committee may amend the schedule of fees levied pursuant | 6551 |
to a resolution or amended resolution adopted and ratified under | 6552 |
this division by adopting a resolution establishing the proposed | 6553 |
amount of the amended fees. The committee may abolish the fees | 6554 |
levied pursuant to such a resolution or amended resolution by | 6555 |
adopting a resolution proposing to repeal them. Upon adopting such | 6556 |
a resolution, the committee shall proceed to obtain ratification | 6557 |
of the resolution in accordance with this division. | 6558 |
Not later than fourteen days after declaring the fees or | 6559 |
amended fees to be ratified under this division, the committee | 6560 |
shall notify by certified mail the owner or operator of each solid | 6561 |
waste disposal facility that is required to collect the fees of | 6562 |
the ratification and the amount of the fees. Collection of any | 6563 |
fees or amended fees ratified on or after March 24, 1992, shall | 6564 |
commence on the first day of the second month following the month | 6565 |
in which notification is sent to the owner or operator. | 6566 |
Not later than fourteen days after declaring the repeal of | 6567 |
the district's schedule of fees to be ratified under this | 6568 |
division, the committee shall notify by certified mail the owner | 6569 |
or operator of each facility that is collecting the fees of the | 6570 |
repeal. Collection of the fees shall cease on the first day of the | 6571 |
second month following the month in which notification is sent to | 6572 |
the owner or operator. | 6573 |
Not later than fourteen days after the director issues an | 6574 |
order approving a district's solid waste management plan under | 6575 |
section 3734.55 of the Revised Code or amended plan under division | 6576 |
(A) or (D) of section 3734.56 of the Revised Code that establishes | 6577 |
or amends a schedule of fees levied by the district, or the | 6578 |
ratification of an amendment to the district's approved plan or | 6579 |
amended plan under division (E) of section 3734.56 of the Revised | 6580 |
Code that establishes or amends a schedule of fees, as | 6581 |
appropriate, the committee shall notify by certified mail the | 6582 |
owner or operator of each solid waste disposal facility that is | 6583 |
required to collect the fees of the approval of the plan or | 6584 |
amended plan, or the amendment to the plan, as appropriate, and | 6585 |
the amount of the fees or amended fees. In the case of an initial | 6586 |
or amended plan approved under section 3734.521 of the Revised | 6587 |
Code in connection with a change in district composition, other | 6588 |
than one involving the withdrawal of a county from a joint | 6589 |
district, that establishes or amends a schedule of fees levied | 6590 |
under divisions (B)(1) to (3) of this section by a district | 6591 |
resulting from the change, the committee, within fourteen days | 6592 |
after the change takes effect pursuant to division (G) of that | 6593 |
section, shall notify by certified mail the owner or operator of | 6594 |
each solid waste disposal facility that is required to collect the | 6595 |
fees that the change has taken effect and of the amount of the | 6596 |
fees or amended fees. Collection of any fees set forth in a plan | 6597 |
or amended plan approved by the director on or after April 16, | 6598 |
1993, or an amendment of a plan or amended plan under division (E) | 6599 |
of section 3734.56 of the Revised Code that is ratified on or | 6600 |
after April 16, 1993, shall commence on the first day of the | 6601 |
second month following the month in which notification is sent to | 6602 |
the owner or operator. | 6603 |
Not later than fourteen days after the director issues an | 6604 |
order approving a district's plan under section 3734.55 of the | 6605 |
Revised Code or amended plan under division (A) or (D) of section | 6606 |
3734.56 of the Revised Code that abolishes the schedule of fees | 6607 |
levied under divisions (B)(1) to (3) of this section, or an | 6608 |
amendment to the district's approved plan or amended plan | 6609 |
abolishing the schedule of fees is ratified pursuant to division | 6610 |
(E) of section 3734.56 of the Revised Code, as appropriate, the | 6611 |
committee shall notify by certified mail the owner or operator of | 6612 |
each facility that is collecting the fees of the approval of the | 6613 |
plan or amended plan, or the amendment of the plan or amended | 6614 |
plan, as appropriate, and the abolishment of the fees. In the case | 6615 |
of an initial or amended plan approved under section 3734.521 of | 6616 |
the Revised Code in connection with a change in district | 6617 |
composition, other than one involving the withdrawal of a county | 6618 |
from a joint district, that abolishes the schedule of fees levied | 6619 |
under divisions (B)(1) to (3) of this section by a district | 6620 |
resulting from the change, the committee, within fourteen days | 6621 |
after the change takes effect pursuant to division (G) of that | 6622 |
section, shall notify by certified mail the owner or operator of | 6623 |
each solid waste disposal facility that is required to collect the | 6624 |
fees that the change has taken effect and of the abolishment of | 6625 |
the fees. Collection of the fees shall cease on the first day of | 6626 |
the second month following the month in which notification is sent | 6627 |
to the owner or operator. | 6628 |
Except as otherwise provided in this division, if the | 6629 |
schedule of fees that a district is levying under divisions (B)(1) | 6630 |
to (3) of this section pursuant to a resolution or amended | 6631 |
resolution adopted and ratified under this division, the solid | 6632 |
waste management plan of the district approved under section | 6633 |
3734.55 of the Revised Code, an amended plan approved under | 6634 |
division (A) or (D) of section 3734.56 of the Revised Code, or an | 6635 |
amendment to the district's approved plan or amended plan under | 6636 |
division (E) of section 3734.56 of the Revised Code, is amended by | 6637 |
the adoption and ratification of an amendment to the resolution or | 6638 |
amended resolution or an amendment of the district's approved plan | 6639 |
or amended plan, the fees in effect immediately prior to the | 6640 |
approval of the plan or the amendment of the resolution, amended | 6641 |
resolution, plan, or amended plan, as appropriate, shall continue | 6642 |
to be collected until collection of the amended fees commences | 6643 |
pursuant to this division. | 6644 |
If, in the case of a change in district composition involving | 6645 |
the withdrawal of a county from a joint district, the director | 6646 |
completes the actions required under division (G)(1) or (3) of | 6647 |
section 3734.521 of the Revised Code, as appropriate, forty-five | 6648 |
days or more before the beginning of a calendar year, the policy | 6649 |
committee of each of the districts resulting from the change that | 6650 |
obtained the director's approval of an initial or amended plan in | 6651 |
connection with the change, within fourteen days after the | 6652 |
director's completion of the required actions, shall notify by | 6653 |
certified mail the owner or operator of each solid waste disposal | 6654 |
facility that is required to collect the district's fees that the | 6655 |
change is to take effect on the first day of January immediately | 6656 |
following the issuance of the notice and of the amount of the fees | 6657 |
or amended fees levied under divisions (B)(1) to (3) of this | 6658 |
section pursuant to the district's initial or amended plan as so | 6659 |
approved or, if appropriate, the abolishment of the district's | 6660 |
fees by that initial or amended plan. Collection of any fees set | 6661 |
forth in such a plan or amended plan shall commence on the first | 6662 |
day of January immediately following the issuance of the notice. | 6663 |
If such an initial or amended plan abolishes a schedule of fees, | 6664 |
collection of the fees shall cease on that first day of January. | 6665 |
If, in the case of a change in district composition involving | 6666 |
the withdrawal of a county from a joint district, the director | 6667 |
completes the actions required under division (G)(1) or (3) of | 6668 |
section 3734.521 of the Revised Code, as appropriate, less than | 6669 |
forty-five days before the beginning of a calendar year, the | 6670 |
director, on behalf of each of the districts resulting from the | 6671 |
change that obtained the director's approval of an initial or | 6672 |
amended plan in connection with the change proceedings, shall | 6673 |
notify by certified mail the owner or operator of each solid waste | 6674 |
disposal facility that is required to collect the district's fees | 6675 |
that the change is to take effect on the first day of January | 6676 |
immediately following the mailing of the notice and of the amount | 6677 |
of the fees or amended fees levied under divisions (B)(1) to (3) | 6678 |
of this section pursuant to the district's initial or amended plan | 6679 |
as so approved or, if appropriate, the abolishment of the | 6680 |
district's fees by that initial or amended plan. Collection of any | 6681 |
fees set forth in such a plan or amended plan shall commence on | 6682 |
the first day of the second month following the month in which | 6683 |
notification is sent to the owner or operator. If such an initial | 6684 |
or amended plan abolishes a schedule of fees, collection of the | 6685 |
fees shall cease on the first day of the second month following | 6686 |
the month in which notification is sent to the owner or operator. | 6687 |
In the case of a change in district composition, the schedule | 6688 |
of fees that the former districts that existed prior to the change | 6689 |
were levying under divisions (B)(1) to (3) of this section | 6690 |
pursuant to a resolution or amended resolution adopted and | 6691 |
ratified under this division, the solid waste management plan of a | 6692 |
former district approved under section 3734.521 or 3734.55 of the | 6693 |
Revised Code, an amended plan approved under section 3734.521 or | 6694 |
division (A) or (D) of section 3734.56 of the Revised Code, or an | 6695 |
amendment to a former district's approved plan or amended plan | 6696 |
under division (E) of section 3734.56 of the Revised Code, and | 6697 |
that were in effect on the date that the director completed the | 6698 |
actions required under division (G)(1) or (3) of section 3734.521 | 6699 |
of the Revised Code shall continue to be collected until the | 6700 |
collection of the fees or amended fees of the districts resulting | 6701 |
from the change is required to commence, or if an initial or | 6702 |
amended plan of a resulting district abolishes a schedule of fees, | 6703 |
collection of the fees is required to cease, under this division. | 6704 |
Moneys so received from the collection of the fees of the former | 6705 |
districts shall be divided among the resulting districts in | 6706 |
accordance with division (B) of section 343.012 of the Revised | 6707 |
Code and the agreements entered into under division (B) of section | 6708 |
343.01 of the Revised Code to establish the former and resulting | 6709 |
districts and any amendments to those agreements. | 6710 |
For the purposes of the provisions of division (B) of this | 6711 |
section establishing the times when newly established or amended | 6712 |
fees levied by a district are required to commence and the | 6713 |
collection of fees that have been amended or abolished is required | 6714 |
to cease, "fees" or "schedule of fees" includes, in addition to | 6715 |
fees levied under divisions (B)(1) to (3) of this section, those | 6716 |
levied under section 3734.573 or 3734.574 of the Revised Code. | 6717 |
(C) For the purposes of defraying the added costs to a | 6718 |
municipal corporation or township of maintaining roads and other | 6719 |
public facilities and of providing emergency and other public | 6720 |
services, and compensating a municipal corporation or township for | 6721 |
reductions in real property tax revenues due to reductions in real | 6722 |
property valuations resulting from the location and operation of a | 6723 |
solid waste disposal facility within the municipal corporation or | 6724 |
township, a municipal corporation or township in which such a | 6725 |
solid waste disposal facility is located may levy a fee of not | 6726 |
more than twenty-five cents per ton on the disposal of solid | 6727 |
wastes at a solid waste disposal facility located within the | 6728 |
boundaries of the municipal corporation or township regardless of | 6729 |
where the wastes were generated. | 6730 |
The legislative authority of a municipal corporation or | 6731 |
township may levy fees under this division by enacting an | 6732 |
ordinance or adopting a resolution establishing the amount of the | 6733 |
fees. Upon so doing the legislative authority shall mail a | 6734 |
certified copy of the ordinance or resolution to the board of | 6735 |
county commissioners or directors of the county or joint solid | 6736 |
waste management district in which the municipal corporation or | 6737 |
township is located or, if a regional solid waste management | 6738 |
authority has been formed under section 343.011 of the Revised | 6739 |
Code, to the board of trustees of that regional authority, the | 6740 |
owner or operator of each solid waste disposal facility in the | 6741 |
municipal corporation or township that is required to collect the | 6742 |
fee by the ordinance or resolution, and the director of | 6743 |
environmental protection. Although the fees levied under this | 6744 |
division are levied on the basis of tons as the unit of | 6745 |
measurement, the legislative authority, in its ordinance or | 6746 |
resolution levying the fees under this division, may direct that | 6747 |
the fees be levied on the basis of cubic yards as the unit of | 6748 |
measurement based upon a conversion factor of three cubic yards | 6749 |
per ton generally or one cubic yard per ton for baled wastes. | 6750 |
Not later than five days after enacting an ordinance or | 6751 |
adopting a resolution under this division, the legislative | 6752 |
authority shall so notify by certified mail the owner or operator | 6753 |
of each solid waste disposal facility that is required to collect | 6754 |
the fee. Collection of any fee levied on or after March 24, 1992, | 6755 |
shall commence on the first day of the second month following the | 6756 |
month in which notification is sent to the owner or operator. | 6757 |
(D)(1) The fees levied under divisions (A), (B), and (C) of | 6758 |
this section do not apply to the disposal of solid wastes that: | 6759 |
(a) Are disposed of at a facility owned by the generator of | 6760 |
the wastes when the solid waste facility exclusively disposes of | 6761 |
solid wastes generated at one or more premises owned by the | 6762 |
generator regardless of whether the facility is located on a | 6763 |
premises where the wastes are generated; | 6764 |
(b) Are disposed of at facilities that exclusively dispose of | 6765 |
wastes that are generated from the combustion of coal, or from the | 6766 |
combustion of primarily coal in combination with scrap tires, that | 6767 |
is not combined in any way with garbage at one or more premises | 6768 |
owned by the generator. | 6769 |
(2) Except as provided in section 3734.571 of the Revised | 6770 |
Code, any fees levied under division (B)(1) of this section apply | 6771 |
to solid wastes originating outside the boundaries of a county or | 6772 |
joint district that are covered by an agreement for the joint use | 6773 |
of solid waste facilities entered into under section 343.02 of the | 6774 |
Revised Code by the board of county commissioners or board of | 6775 |
directors of the county or joint district where the wastes are | 6776 |
generated and disposed of. | 6777 |
(3) When solid wastes, other than solid wastes that consist | 6778 |
of scrap tires, are burned in a disposal facility that is an | 6779 |
incinerator or energy recovery facility, the fees levied under | 6780 |
divisions (A), (B), and (C) of this section shall be levied upon | 6781 |
the disposal of the fly ash and bottom ash remaining after burning | 6782 |
of the solid wastes and shall be collected by the owner or | 6783 |
operator of the sanitary landfill where the ash is disposed of. | 6784 |
(4) When solid wastes are delivered to a solid waste transfer | 6785 |
facility, the fees levied under divisions (A), (B), and (C) of | 6786 |
this section shall be levied upon the disposal of solid wastes | 6787 |
transported off the premises of the transfer facility for disposal | 6788 |
and shall be collected by the owner or operator of the solid waste | 6789 |
disposal facility where the wastes are disposed of. | 6790 |
(5) The fees levied under divisions (A), (B), and (C) of this | 6791 |
section do not apply to sewage sludge that is generated by a waste | 6792 |
water treatment facility holding a national pollutant discharge | 6793 |
elimination system permit and that is disposed of through | 6794 |
incineration, land application, or composting or at another | 6795 |
resource recovery or disposal facility that is not a landfill. | 6796 |
(6) The fees levied under divisions (A), (B), and (C) of this | 6797 |
section do not apply to solid wastes delivered to a solid waste | 6798 |
composting facility for processing. When any unprocessed solid | 6799 |
waste or compost product is transported off the premises of a | 6800 |
composting facility and disposed of at a landfill, the fees levied | 6801 |
under divisions (A), (B), and (C) of this section shall be | 6802 |
collected by the owner or operator of the landfill where the | 6803 |
unprocessed waste or compost product is disposed of. | 6804 |
(7) When solid wastes that consist of scrap tires are | 6805 |
processed at a scrap tire recovery facility, the fees levied under | 6806 |
divisions (A), (B), and (C) of this section shall be levied upon | 6807 |
the disposal of the fly ash and bottom ash or other solid wastes | 6808 |
remaining after the processing of the scrap tires and shall be | 6809 |
collected by the owner or operator of the solid waste disposal | 6810 |
facility where the ash or other solid wastes are disposed of. | 6811 |
(E) The fees levied under divisions (B) and (C) of this | 6812 |
section shall be collected by the owner or operator of the solid | 6813 |
waste disposal facility where the wastes are disposed of as a | 6814 |
trustee for the county or joint district and municipal corporation | 6815 |
or township where the wastes are disposed of. Moneys from the fees | 6816 |
levied under division (B) of this section shall be forwarded to | 6817 |
the board of county commissioners or board of directors of the | 6818 |
district in accordance with rules adopted under division (H) of | 6819 |
this section. Moneys from the fees levied under division (C) of | 6820 |
this section shall be forwarded to the treasurer or such other | 6821 |
officer of the municipal corporation as, by virtue of the charter, | 6822 |
has the duties of the treasurer or
to the | 6823 |
the township, as appropriate, in accordance with those rules. | 6824 |
(F) Moneys received by the treasurer or | 6825 |
the municipal corporation under division (E) of this section shall | 6826 |
be paid into the general fund of the municipal corporation. Moneys | 6827 |
received by the | 6828 |
division shall be paid into the general fund of the township. The | 6829 |
treasurer or | 6830 |
the | 6831 |
separate records of the moneys received from the fees levied under | 6832 |
division (C) of this section. | 6833 |
(G) Moneys received by the board of county commissioners or | 6834 |
board of directors under division (E) of this section or section | 6835 |
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code | 6836 |
shall be paid to the county treasurer, or other official acting in | 6837 |
a similar capacity under a county charter, in a county district or | 6838 |
to the county treasurer or other official designated by the board | 6839 |
of directors in a joint district and kept in a separate and | 6840 |
distinct fund to the credit of the district. If a regional solid | 6841 |
waste management authority has been formed under section 343.011 | 6842 |
of the Revised Code, moneys received by the board of trustees of | 6843 |
that regional authority under division (E) of this section shall | 6844 |
be kept by the board in a separate and distinct fund to the credit | 6845 |
of the district. Moneys in the special fund of the county or joint | 6846 |
district arising from the fees levied under division (B) of this | 6847 |
section and the fee levied under division (A) of section 3734.573 | 6848 |
of the Revised Code shall be expended by the board of county | 6849 |
commissioners or directors of the district in accordance with the | 6850 |
district's solid waste management plan or amended plan approved | 6851 |
under section 3734.521, 3734.55, or 3734.56 of the Revised Code | 6852 |
exclusively for the following purposes: | 6853 |
(1) Preparation of the solid waste management plan of the | 6854 |
district under section 3734.54 of the Revised Code, monitoring | 6855 |
implementation of the plan, and conducting the periodic review and | 6856 |
amendment of the plan required by section 3734.56 of the Revised | 6857 |
Code by the solid waste management policy committee; | 6858 |
(2) Implementation of the approved solid waste management | 6859 |
plan or amended plan of the district, including, without | 6860 |
limitation, the development and implementation of solid waste | 6861 |
recycling or reduction programs; | 6862 |
(3) Providing financial assistance to boards of health within | 6863 |
the district, if solid waste facilities are located within the | 6864 |
district, for enforcement of this chapter and rules, orders, and | 6865 |
terms and conditions of permits, licenses, and variances adopted | 6866 |
or issued under it, other than the hazardous waste provisions of | 6867 |
this chapter and rules adopted and orders and terms and conditions | 6868 |
of permits issued under those provisions; | 6869 |
(4) Providing financial assistance to each county within the | 6870 |
district to defray the added costs of maintaining roads and other | 6871 |
public facilities and of providing emergency and other public | 6872 |
services resulting from the location and operation of a solid | 6873 |
waste facility within the county under the district's approved | 6874 |
solid waste management plan or amended plan; | 6875 |
(5) Pursuant to contracts entered into with boards of health | 6876 |
within the district, if solid waste facilities contained in the | 6877 |
district's approved plan or amended plan are located within the | 6878 |
district, for paying the costs incurred by those boards of health | 6879 |
for collecting and analyzing samples from public or private water | 6880 |
wells on lands adjacent to those facilities; | 6881 |
(6) Developing and implementing a program for the inspection | 6882 |
of solid wastes generated outside the boundaries of this state | 6883 |
that are disposed of at solid waste facilities included in the | 6884 |
district's approved solid waste management plan or amended plan; | 6885 |
(7) Providing financial assistance to boards of health within | 6886 |
the district for the enforcement of section 3734.03 of the Revised | 6887 |
Code or to local law enforcement agencies having jurisdiction | 6888 |
within the district for enforcing anti-littering laws and | 6889 |
ordinances; | 6890 |
(8) Providing financial assistance to boards of health of | 6891 |
health districts within the district that are on the approved list | 6892 |
under section 3734.08 of the Revised Code to defray the costs to | 6893 |
the health districts for the participation of their employees | 6894 |
responsible for enforcement of the solid waste provisions of this | 6895 |
chapter and rules adopted and orders and terms and conditions of | 6896 |
permits, licenses, and variances issued under those provisions in | 6897 |
the training and certification program as required by rules | 6898 |
adopted under division (L) of section 3734.02 of the Revised Code; | 6899 |
(9) Providing financial assistance to individual municipal | 6900 |
corporations and townships within the district to defray their | 6901 |
added costs of maintaining roads and other public facilities and | 6902 |
of providing emergency and other public services resulting from | 6903 |
the location and operation within their boundaries of a | 6904 |
composting, energy or resource recovery, incineration, or | 6905 |
recycling facility that either is owned by the district or is | 6906 |
furnishing solid waste management facility or recycling services | 6907 |
to the district pursuant to a contract or agreement with the board | 6908 |
of county commissioners or directors of the district; | 6909 |
(10) Payment of any expenses that are agreed to, awarded, or | 6910 |
ordered to be paid under section 3734.35 of the Revised Code and | 6911 |
of any administrative costs incurred pursuant to that section. In | 6912 |
the case of a joint solid waste management district, if the board | 6913 |
of county commissioners of one of the counties in the district is | 6914 |
negotiating on behalf of affected communities, as defined in that | 6915 |
section, in that county, the board shall obtain the approval of | 6916 |
the board of directors of the district in order to expend moneys | 6917 |
for administrative costs incurred. | 6918 |
Prior to the approval of the district's solid waste | 6919 |
management plan under section 3734.55 of the Revised Code, moneys | 6920 |
in the special fund of the district arising from the fees shall be | 6921 |
expended for those purposes in the manner prescribed by the solid | 6922 |
waste management policy committee by resolution. | 6923 |
Notwithstanding division (G)(6) of this section as it existed | 6924 |
prior to October 29, 1993, or any provision in a district's solid | 6925 |
waste management plan prepared in accordance with division | 6926 |
(B)(2)(e) of section 3734.53 of the Revised Code as it existed | 6927 |
prior to that date, any moneys arising from the fees levied under | 6928 |
division (B)(3) of this section prior to January 1, 1994, may be | 6929 |
expended for any of the purposes authorized in divisions (G)(1) to | 6930 |
(10) of this section. | 6931 |
(H) The director shall adopt rules in accordance with Chapter | 6932 |
119. of the Revised Code prescribing procedures for collecting and | 6933 |
forwarding the fees levied under divisions (B) and (C) of this | 6934 |
section to the boards of county commissioners or directors of | 6935 |
county or joint solid waste management districts and to the | 6936 |
treasurers or other
officers of municipal corporations | 6937 |
the | 6938 |
prescribe the dates for forwarding the fees to the boards and | 6939 |
officials and may prescribe any other requirements the director | 6940 |
considers necessary or appropriate to implement and administer | 6941 |
divisions (A), (B), and (C) of this section. Collection of the | 6942 |
fees levied under division (A)(1) of this section shall commence | 6943 |
on July 1, 1993. Collection of the fees levied under division | 6944 |
(A)(2) of this section shall commence on January 1, 1994. | 6945 |
Sec. 4301.80. (A) As used in this section, "community | 6946 |
entertainment district" means a bounded area that includes or will | 6947 |
include a combination of entertainment, retail, educational, | 6948 |
sporting, social, cultural, or arts establishments within close | 6949 |
proximity to some or all of the following types of establishments | 6950 |
within the district, or other types of establishments similar to | 6951 |
these: | 6952 |
(1) Hotels; | 6953 |
(2) Restaurants; | 6954 |
(3) Retail sales establishments; | 6955 |
(4) Enclosed shopping centers; | 6956 |
(5) Museums; | 6957 |
(6) Performing arts theaters; | 6958 |
(7) Motion picture theaters; | 6959 |
(8) Night clubs; | 6960 |
(9) Convention facilities; | 6961 |
(10) Sports facilities; | 6962 |
(11) Entertainment facilities or complexes; | 6963 |
(12) Any combination of the establishments described in | 6964 |
division (A)(1) to (11) of this section that provide similar | 6965 |
services to the community. | 6966 |
(B) Any owner of property located in a municipal corporation | 6967 |
seeking to have that property, or that property and other | 6968 |
surrounding property, designated as a community entertainment | 6969 |
district shall file an application seeking this designation with | 6970 |
the mayor of the municipal corporation in which that property is | 6971 |
located. Any owner of property located in the unincorporated area | 6972 |
of a township seeking to have that property, or that property and | 6973 |
other surrounding property, designated as a community | 6974 |
entertainment district shall file an application seeking this | 6975 |
designation with the board of township trustees of the township in | 6976 |
whose unincorporated area that property is located. An application | 6977 |
to designate an area as a community entertainment district shall | 6978 |
contain all of the following: | 6979 |
(1) The applicant's name and address; | 6980 |
(2) A map or survey of the proposed community entertainment | 6981 |
district in sufficient detail to identify the boundaries of the | 6982 |
district and the property owned by the applicant; | 6983 |
(3) A general statement of the nature and types of | 6984 |
establishments described in division (A) of this section that are | 6985 |
or will be located within the proposed community improvement | 6986 |
district and any other establishments located in the proposed | 6987 |
community entertainment district that are not described in | 6988 |
division (A) of this section; | 6989 |
(4) If some or all of the establishments within the proposed | 6990 |
community entertainment district have not yet been developed, the | 6991 |
proposed time frame for completing the development of these | 6992 |
establishments; | 6993 |
(5) Evidence that the uses of land within the proposed | 6994 |
community entertainment district are in accord with the municipal | 6995 |
corporation's or township's master zoning plan or map; | 6996 |
(6) A certificate from a surveyor or engineer licensed under | 6997 |
Chapter 4733. of the Revised Code indicating that the area | 6998 |
encompassed by the proposed community entertainment district | 6999 |
contains no less than twenty contiguous acres; | 7000 |
(7) A handling and processing fee to accompany the | 7001 |
application, payable to the applicable municipal corporation or | 7002 |
township, in an amount determined by that municipal corporation or | 7003 |
township. | 7004 |
(C) An application described in division (B) of this section | 7005 |
relating to an area located in a municipal corporation shall be | 7006 |
addressed and submitted to the mayor of the municipal corporation | 7007 |
in which the area described in the application is located. The | 7008 |
mayor, within thirty days after receiving the application, shall | 7009 |
submit the application with the mayor's recommendation to the | 7010 |
legislative authority of the municipal corporation. An application | 7011 |
described in division (B) of this section relating to an area | 7012 |
located in the unincorporated area of a township shall be | 7013 |
addressed and submitted to the board of township trustees of the | 7014 |
township in whose unincorporated area the area described in the | 7015 |
application is located. The application is a public record for | 7016 |
purposes of section 149.43 of the Revised Code upon its receipt by | 7017 |
the mayor or board of township trustees. | 7018 |
Within thirty days after it receives the application and the | 7019 |
mayor's recommendations relating to the application, the | 7020 |
legislative authority of the municipal corporation, by notice | 7021 |
published once a week for two consecutive weeks in at least one | 7022 |
newspaper of general circulation in the municipal corporation, | 7023 |
shall notify the public that the application is on file in the | 7024 |
office of the clerk of the municipal corporation and is available | 7025 |
for inspection by the public during regular business hours. Within | 7026 |
thirty days after it receives the application, the board of | 7027 |
township trustees, by notice published once a week for two | 7028 |
consecutive weeks in at least one newspaper of general circulation | 7029 |
in the township, shall notify the public that the application is | 7030 |
on file in the office of the township
| 7031 |
available for inspection by the public during regular business | 7032 |
hours. The notice shall also indicate the date and time of any | 7033 |
public hearing by the legislative authority or board of township | 7034 |
trustees on the application. | 7035 |
Within seventy-five days after the date the application is | 7036 |
filed with the mayor of a municipal corporation, the legislative | 7037 |
authority of the municipal corporation by ordinance or resolution | 7038 |
shall approve or disapprove the application based on whether the | 7039 |
proposed community entertainment district does or will | 7040 |
substantially contribute to entertainment, retail, educational, | 7041 |
sporting, social, cultural, or arts opportunities for the | 7042 |
community. The community considered shall at a minimum include the | 7043 |
municipal corporation in which the community is located. Any | 7044 |
approval of an application shall be by an affirmative majority | 7045 |
vote of the legislative authority. | 7046 |
Within seventy-five days after the date the application is | 7047 |
filed with a board of township trustees, the board by resolution | 7048 |
shall approve or disapprove the application based on whether the | 7049 |
proposed community entertainment district does or will | 7050 |
substantially contribute to entertainment, retail, educational, | 7051 |
sporting, social, cultural, or arts opportunities for the | 7052 |
community. The community considered shall at a minimum include the | 7053 |
township in which the community is located. Any approval of an | 7054 |
application shall be by an affirmative majority vote of the board | 7055 |
of township trustees. | 7056 |
If the legislative authority or board of township trustees | 7057 |
disapproves the application, the applicant may make changes in the | 7058 |
application to secure its approval by the legislative authority or | 7059 |
board of township trustees. Any area approved by the legislative | 7060 |
authority or board of township trustees constitutes a community | 7061 |
entertainment district, and a local option election may be | 7062 |
conducted in the district, as a type of community facility, under | 7063 |
section 4301.356 of the Revised Code. | 7064 |
(D) All or part of an area designated as a community | 7065 |
entertainment district may lose this designation as provided in | 7066 |
this division. The legislative authority of a municipal | 7067 |
corporation in which a community entertainment district is | 7068 |
located, or the board of township trustees of the township in | 7069 |
whose unincorporated area a community entertainment district is | 7070 |
located, after giving notice of its proposed action by publication | 7071 |
once a week for two consecutive weeks in at least one newspaper of | 7072 |
general circulation in the municipal corporation or township, may | 7073 |
determine by ordinance or resolution in the case of the | 7074 |
legislative authority of a municipal corporation, or by resolution | 7075 |
in the case of a board of township trustees of a township, that | 7076 |
all or part of the area fails to meet the standards described in | 7077 |
this section for designation of an area as a community | 7078 |
entertainment district. If the legislative authority or board so | 7079 |
determines, the area designated in the ordinance or resolution no | 7080 |
longer constitutes a community entertainment district. | 7081 |
Sec. 4303.26. (A) Applications for regular permits | 7082 |
authorized by sections 4303.02 to 4303.23 of the Revised Code may | 7083 |
be filed with the division of liquor control. No permit shall be | 7084 |
issued by the division until fifteen days after the application | 7085 |
for it is filed. An applicant for the issuance of a new permit | 7086 |
shall pay a processing fee of one hundred dollars when filing | 7087 |
application for the permit, if the permit is then available, or | 7088 |
shall pay the processing fee when a permit becomes available, if | 7089 |
it is not available when the applicant initially files the | 7090 |
application. When an application for a new class C or D permit is | 7091 |
filed, when class C or D permits become available, or when an | 7092 |
application for transfer of ownership of a class C or D permit or | 7093 |
transfer of a location of a class C or D permit is filed, no | 7094 |
permit shall be issued, nor shall the location or the ownership of | 7095 |
a permit be transferred, by the division until the division | 7096 |
notifies the legislative authority of the municipal corporation, | 7097 |
if the business or event is or is to be located within the | 7098 |
corporate limits of a municipal corporation, or the clerk of the | 7099 |
board of county commissioners and the fiscal officer of the board | 7100 |
of township trustees in the county in which the business or event | 7101 |
is or is to be conducted, if the business is or is to be located | 7102 |
outside the corporate limits of a municipal corporation, and an | 7103 |
opportunity is provided officials or employees of the municipal | 7104 |
corporation or county and township, who shall be designated by the | 7105 |
legislative authority of the municipal corporation or the board of | 7106 |
county commissioners or board of township trustees, for a complete | 7107 |
hearing upon the advisability of the issuance, transfer of | 7108 |
ownership, or transfer of location of the permit. In this hearing, | 7109 |
no objection to the issuance, transfer of ownership, or transfer | 7110 |
of location of the permit shall be based upon noncompliance of the | 7111 |
proposed permit premises with local zoning regulations which | 7112 |
prohibit the sale of beer or intoxicating liquor, in an area zoned | 7113 |
for commercial or industrial uses, for a permit premises that | 7114 |
would otherwise qualify for a proper permit issued by the | 7115 |
division. | 7116 |
When the division sends notice to the legislative or | 7117 |
executive authority of the political subdivision, as required by | 7118 |
this section, the division shall also so notify, by certified | 7119 |
mail, return receipt requested, or by personal service, the chief | 7120 |
peace officer of the political subdivision. Upon the request of | 7121 |
the chief peace officer, the division shall send the chief peace | 7122 |
officer a copy of the application for the issuance or the transfer | 7123 |
of ownership or location of the permit and all other documents or | 7124 |
materials filed by the applicant or applicants in relation to the | 7125 |
application. The chief peace officer may appear and testify, | 7126 |
either in person or through a representative, at any hearing held | 7127 |
on the advisability of the issuance, transfer of ownership, or | 7128 |
transfer of location of the permit. The hearing shall be held in | 7129 |
the central office of the division, except that upon written | 7130 |
request of the legislative authority of the municipal corporation | 7131 |
or the board of county commissioners or board of township | 7132 |
trustees, the hearing shall be held in the county seat of the | 7133 |
county where the applicant's business is or is to be conducted. | 7134 |
If the business or event specified in an application for the | 7135 |
issuance, transfer of ownership, or transfer of location of any | 7136 |
regular permit authorized by sections 4303.02 to 4303.23 of the | 7137 |
Revised Code, except for an F-2 permit, is, or is to be operated, | 7138 |
within five hundred feet from the boundaries of a parcel of real | 7139 |
estate having situated on it a school, church, library, public | 7140 |
playground, or township park, no permit shall be issued, nor shall | 7141 |
the location or the ownership of a permit be transferred, by the | 7142 |
division until written notice of the filing of the application | 7143 |
with the division is served, by certified mail, return receipt | 7144 |
requested, or by personal service, upon the authorities in control | 7145 |
of the school, church, library, public playground, or township | 7146 |
park and an opportunity is provided them for a complete hearing | 7147 |
upon the advisability of the issuance, transfer of ownership, or | 7148 |
transfer of location of the permit. In this hearing, no objection | 7149 |
to the issuance, transfer of ownership, or transfer of location of | 7150 |
the permit shall be based upon the noncompliance of the proposed | 7151 |
permit premises with local zoning regulations which prohibit the | 7152 |
sale of beer or intoxicating liquor, in an area zoned for | 7153 |
commercial or industrial uses, for a permit premises that would | 7154 |
otherwise qualify for a proper permit issued by the division. Upon | 7155 |
the written request of
any
| 7156 |
shall be held in the county seat of the county where the | 7157 |
applicant's business is or is to be conducted. | 7158 |
A request for any hearing authorized by this section shall be | 7159 |
made no later than thirty days from the time of notification by | 7160 |
the division. This thirty-day period begins on the date the | 7161 |
division mails notice to the legislative authority or the date on | 7162 |
which the division mails notice to or, by personal service, serves | 7163 |
notice upon, the institution. The division shall conduct a hearing | 7164 |
if the request for the hearing is postmarked by the deadline date. | 7165 |
The division may allow, upon cause shown by the requesting | 7166 |
legislative authority or board, an extension of thirty additional | 7167 |
days for the legislative authority of the municipal corporation, | 7168 |
board of township trustees of the township, or board of county | 7169 |
commissioners of the county in which a permit premises is or is to | 7170 |
be located to object to the issuance, transfer of ownership, or | 7171 |
transfer of location of a
permit.
| 7172 |
extension shall be made by the legislative authority or board to | 7173 |
the division no later than thirty days after the time of | 7174 |
notification by the division. | 7175 |
(B)(1) When an application for transfer of ownership of a | 7176 |
permit is filed with the division, the division shall give notice | 7177 |
of the application to the department of taxation. Within twenty | 7178 |
days after receiving this notification, the department of taxation | 7179 |
shall notify the division of liquor control and the proposed | 7180 |
transferee of the permit if the permit holder owes to this state | 7181 |
any delinquent sales taxes or income taxes withheld from employee | 7182 |
compensation or has failed to file any sales tax returns or | 7183 |
employee income tax withholding returns, to the extent
that
| 7184 |
the delinquent taxes and delinquent returns are known to the | 7185 |
department of taxation at that time. The division shall not | 7186 |
transfer ownership of the permit until returns known to be | 7187 |
delinquent are filed and until
| 7188 |
delinquency is resolved. As used in this division, "resolved" | 7189 |
means that the tax or withholding delinquency has been paid or an | 7190 |
amount sufficient to satisfy the delinquency is in escrow for the | 7191 |
benefit of the state. The department of taxation shall notify the | 7192 |
division of the resolution. After the
division has received
| 7193 |
the notification from the department of taxation, the division may | 7194 |
proceed to transfer ownership of the permit. Nothing in this | 7195 |
division shall be construed to affect or limit the | 7196 |
responsibilities or liabilities of the transferor or the | 7197 |
transferee imposed by Chapter 5739. or 5747. of the Revised Code. | 7198 |
(2) Notwithstanding section 5703.21 of the Revised Code, | 7199 |
nothing prohibits the department of taxation from disclosing to | 7200 |
the division or to the proposed transferee or the proposed | 7201 |
transferee's designated agent any information pursuant to division | 7202 |
(B)(1) of this section. | 7203 |
(C) No F or F-2 permit shall be issued for an event until the | 7204 |
applicant has, by means of a form that the division shall provide | 7205 |
to the applicant, notified the chief peace officer of the | 7206 |
political subdivision in which the event will be conducted of the | 7207 |
date, time, place, and duration of the event. | 7208 |
(D) The division of liquor control shall notify an applicant | 7209 |
for a permit authorized by sections 4303.02 to 4303.23 of the | 7210 |
Revised Code of an action pending or judgment entered against a | 7211 |
liquor permit premises, of which the division has knowledge, | 7212 |
pursuant to section 3767.03 or 3767.05 of the Revised Code if the | 7213 |
applicant is applying for a permit at the location of the premises | 7214 |
that is the subject of the action under section 3767.03 or | 7215 |
judgment under section 3767.05 of the Revised Code. | 7216 |
Sec. 4928.20. (A) The legislative authority of a municipal | 7217 |
corporation may adopt an ordinance, or the board of township | 7218 |
trustees of a township or the board of county commissioners of a | 7219 |
county may adopt a resolution, under which, on or after the | 7220 |
starting date of competitive retail electric service, it may | 7221 |
aggregate in accordance with this section the retail electrical | 7222 |
loads located, respectively, within the municipal corporation, | 7223 |
township, or unincorporated area of the county and, for that | 7224 |
purpose, may enter into service agreements to facilitate for those | 7225 |
loads the sale and purchase of electricity. The legislative | 7226 |
authority or board also may exercise such authority jointly with | 7227 |
any other such legislative authority or board. An ordinance or | 7228 |
resolution under this division shall specify whether the | 7229 |
aggregation will occur only with the prior consent of each person | 7230 |
owning, occupying, controlling, or using an electric load center | 7231 |
proposed to be aggregated or will occur automatically for all such | 7232 |
persons pursuant to the opt-out requirements of division (D) of | 7233 |
this section. Nothing in this division, however, authorizes the | 7234 |
aggregation of such retail electric loads of an electric load | 7235 |
center, as defined in section 4933.81 of the Revised Code, that is | 7236 |
located in the certified territory of a nonprofit electric | 7237 |
supplier under sections 4933.81 to 4933.90 of the Revised Code or | 7238 |
an electric load center served by transmission or distribution | 7239 |
facilities of a municipal electric utility. | 7240 |
(B) If an ordinance or resolution adopted under division (A) | 7241 |
of this section specifies that aggregation will occur | 7242 |
automatically as described in that division, the ordinance or | 7243 |
resolution shall direct the board of elections to submit the | 7244 |
question of the authority to aggregate to the electors of the | 7245 |
respective municipal corporation, township, or unincorporated area | 7246 |
of a county at a special election on the day of the next primary | 7247 |
or general election in the municipal corporation, township, or | 7248 |
county. The legislative authority or board shall certify a copy of | 7249 |
the ordinance or resolution to the board of elections not less | 7250 |
than seventy-five days before the day of the special election. No | 7251 |
ordinance or resolution adopted under division (A) of this section | 7252 |
that provides for an election under this division shall take | 7253 |
effect unless approved by a majority of the electors voting upon | 7254 |
the ordinance or resolution at the election held pursuant to this | 7255 |
division. | 7256 |
(C) Upon the applicable requisite authority under divisions | 7257 |
(A) and (B) of this section, the legislative authority or board | 7258 |
shall develop a plan of operation and governance for the | 7259 |
aggregation program so authorized. Before adopting a plan under | 7260 |
this division, the legislative authority or board shall hold at | 7261 |
least two public hearings on the plan. Before the first hearing, | 7262 |
the legislative authority or board shall publish notice of the | 7263 |
hearings once a week for two consecutive weeks in a newspaper of | 7264 |
general circulation in the jurisdiction. The notice shall | 7265 |
summarize the plan and state the date, time, and location of each | 7266 |
hearing. | 7267 |
(D) No legislative authority or board, pursuant to an | 7268 |
ordinance or resolution under divisions (A) and (B) of this | 7269 |
section that provides for automatic aggregation as described in | 7270 |
division (A) of this section, shall aggregate the electrical load | 7271 |
of any electric load center located within its jurisdiction unless | 7272 |
it in advance clearly discloses to the person owning, occupying, | 7273 |
controlling, or using the load center that the person will be | 7274 |
enrolled automatically in the aggregation program and will remain | 7275 |
so enrolled unless the person affirmatively elects by a stated | 7276 |
procedure not to be so enrolled. The disclosure shall state | 7277 |
prominently the rates, charges, and other terms and conditions of | 7278 |
enrollment. The stated procedure shall allow any person enrolled | 7279 |
in the aggregation program the opportunity to opt out of the | 7280 |
program every two years, without paying a switching fee. Any such | 7281 |
person that opts out of the aggregation program pursuant to the | 7282 |
stated procedure shall default to the standard service offer | 7283 |
provided under division (A) of section 4928.14 or division (D) of | 7284 |
section 4928.35 of the Revised Code until the person chooses an | 7285 |
alternative supplier. | 7286 |
(E)(1) With respect to a governmental aggregation for a | 7287 |
municipal corporation that is authorized pursuant to division (A) | 7288 |
to (D) of this section, resolutions may be proposed by initiative | 7289 |
or referendum petitions in accordance with sections 731.28 to | 7290 |
731.41 of the Revised Code. | 7291 |
(2) With respect to a governmental aggregation for a township | 7292 |
or the unincorporated area of a county, which aggregation is | 7293 |
authorized pursuant to division (A) to (D) of this section, | 7294 |
resolutions may be proposed by initiative or referendum petitions | 7295 |
in accordance with sections 731.28 to 731.40 of the Revised Code, | 7296 |
except that: | 7297 |
(a) The petitions shall be filed, respectively, with the | 7298 |
township
| 7299 |
commissioners, who shall perform those duties imposed under those | 7300 |
sections upon the city auditor or village clerk. | 7301 |
(b) The petitions shall contain the signatures of not less | 7302 |
than ten per cent of the total number of electors in, | 7303 |
respectively, the township or the unincorporated area of the | 7304 |
county who voted for the office of governor at the preceding | 7305 |
general election for that office in that area. | 7306 |
(F) A governmental aggregator under division (A) of this | 7307 |
section is not a public utility engaging in the wholesale purchase | 7308 |
and resale of electricity, and provision of the aggregated service | 7309 |
is not a wholesale utility transaction. A governmental aggregator | 7310 |
shall be subject to supervision and regulation by the public | 7311 |
utilities commission only to the extent of any competitive retail | 7312 |
electric service it provides and commission authority under this | 7313 |
chapter. | 7314 |
(G) This section does not apply in the case of a municipal | 7315 |
corporation that supplies such aggregated service to electric load | 7316 |
centers to which its municipal electric utility also supplies a | 7317 |
noncompetitive retail electric service through transmission or | 7318 |
distribution facilities the utility singly or jointly owns or | 7319 |
operates. | 7320 |
Sec. 4929.26. (A)(1) The legislative authority of a | 7321 |
municipal corporation may adopt an ordinance, or the board of | 7322 |
township trustees of a township or the board of county | 7323 |
commissioners of a county may adopt a resolution, under which, in | 7324 |
accordance with this section and except as otherwise provided in | 7325 |
division (A)(2) of this section, the legislative authority or | 7326 |
board may aggregate automatically, subject to the opt-out | 7327 |
requirements of division (D) of this section, competitive retail | 7328 |
natural gas service for the retail natural gas loads that are | 7329 |
located, respectively, within the municipal corporation, township, | 7330 |
or unincorporated area of the county and for which there is a | 7331 |
choice of supplier of that service as a result of revised | 7332 |
schedules approved under division (C) of section 4929.29 of the | 7333 |
Revised Code, a rule or order adopted or issued by the commission | 7334 |
under Chapter 4905. of the Revised Code, or an exemption granted | 7335 |
by the commission under sections 4929.04 to 4929.08 of the Revised | 7336 |
Code. An ordinance or a resolution adopted under this section | 7337 |
shall expressly state that it is adopted pursuant to the authority | 7338 |
conferred by this section. The legislative authority or board also | 7339 |
may exercise its authority under this section jointly with any | 7340 |
other such legislative authority or board. For the purpose of the | 7341 |
aggregation, the legislative authority or board may enter into | 7342 |
service agreements to facilitate the sale and purchase of the | 7343 |
service for the retail natural gas loads. | 7344 |
(2)(a) No aggregation under an ordinance or resolution | 7345 |
adopted under division (A)(1) of this section shall include the | 7346 |
retail natural gas load of any person that meets any of the | 7347 |
following criteria: | 7348 |
(i) The person is both a distribution service customer and a | 7349 |
mercantile customer on the date of commencement of service to the | 7350 |
aggregated load, or the person becomes a distribution service | 7351 |
customer after that date and also is a mercantile customer. | 7352 |
(ii) The person is supplied with commodity sales service | 7353 |
pursuant to a contract with a retail natural gas supplier that is | 7354 |
in effect on the effective date of the ordinance or resolution. | 7355 |
(iii) The person is supplied with commodity sales service as | 7356 |
part of a retail natural gas load aggregation provided for | 7357 |
pursuant to a rule or order adopted or issued by the commission | 7358 |
under this chapter or Chapter 4905. of the Revised Code. | 7359 |
(b) Nothing in division (A)(2)(a) of this section precludes a | 7360 |
governmental aggregation under this section from permitting the | 7361 |
retail natural gas load of a person described in division | 7362 |
(A)(2)(a) of this section from being included in the aggregation | 7363 |
upon the expiration of any contract or aggregation as described in | 7364 |
division (A)(2)(a)(ii) or (iii) of this section or upon the person | 7365 |
no longer being a customer as described in division (A)(2)(a)(i) | 7366 |
of this section or qualifying to be included in an aggregation | 7367 |
described under division (A)(2)(a)(iii) of this section. | 7368 |
(B) An ordinance or resolution adopted under division (A) of | 7369 |
this section shall direct the board of elections to submit the | 7370 |
question of the authority to aggregate to the electors of the | 7371 |
respective municipal corporation, township, or unincorporated area | 7372 |
of a county at a special election on the day of the next primary | 7373 |
or general election in the municipal corporation, township, or | 7374 |
county. The legislative authority or board shall certify a copy of | 7375 |
the ordinance or resolution to the board of elections not less | 7376 |
than seventy-five days before the day of the special election. No | 7377 |
ordinance or resolution adopted under division (A) of this section | 7378 |
that provides for an election under this division shall take | 7379 |
effect unless approved by a majority of the electors voting upon | 7380 |
the ordinance or resolution at the election held pursuant to this | 7381 |
division. | 7382 |
(C) Upon the applicable requisite authority under divisions | 7383 |
(A) and (B) of this section, the legislative authority or board | 7384 |
shall develop a plan of operation and governance for the | 7385 |
aggregation program so authorized. Before adopting a plan under | 7386 |
this division, the legislative authority or board shall hold at | 7387 |
least two public hearings on the plan. Before the first hearing, | 7388 |
the legislative authority or board shall publish notice of the | 7389 |
hearings once a week for two consecutive weeks in a newspaper of | 7390 |
general circulation in the jurisdiction. The notice shall | 7391 |
summarize the plan and state the date, time, and location of each | 7392 |
hearing. | 7393 |
(D) No legislative authority or board, pursuant to an | 7394 |
ordinance or resolution under divisions (A) and (B) of this | 7395 |
section, shall aggregate any retail natural gas load located | 7396 |
within its jurisdiction unless it in advance clearly discloses to | 7397 |
the person whose retail natural gas load is to be so aggregated | 7398 |
that the person will be enrolled automatically in the aggregation | 7399 |
and will remain so enrolled unless the person affirmatively elects | 7400 |
by a stated procedure not to be so enrolled. The disclosure shall | 7401 |
state prominently the rates, charges, and other terms and | 7402 |
conditions of enrollment. The stated procedure shall allow any | 7403 |
person enrolled in the aggregation the opportunity to opt out of | 7404 |
the aggregation every two years, without paying a switching fee. | 7405 |
Any such person that opts out of the aggregation pursuant to the | 7406 |
stated procedure shall default to the natural gas company | 7407 |
providing distribution service for the person's retail natural gas | 7408 |
load, until the person chooses an alternative supplier. | 7409 |
(E)(1) With respect to a governmental aggregation for a | 7410 |
municipal corporation that is authorized pursuant to divisions (A) | 7411 |
to (D) of this section, resolutions may be proposed by initiative | 7412 |
or referendum petitions in accordance with sections 731.28 to | 7413 |
731.41 of the Revised Code. | 7414 |
(2) With respect to a governmental aggregation for a township | 7415 |
or the unincorporated area of a county, which aggregation is | 7416 |
authorized pursuant to divisions (A) to (D) of this section, | 7417 |
resolutions may be proposed by initiative or referendum petitions | 7418 |
in accordance with sections 731.28 to 731.40 of the Revised Code, | 7419 |
except that: | 7420 |
(a) The petitions shall be filed, respectively, with the | 7421 |
township
| 7422 |
commissioners, who shall perform those duties imposed under those | 7423 |
sections upon the city auditor or village clerk. | 7424 |
(b) The petitions shall contain the signatures of not less | 7425 |
than ten per cent of the total number of electors in the township | 7426 |
or the unincorporated area of the county, respectively, who voted | 7427 |
for the office of governor at the preceding general election for | 7428 |
that office in that area. | 7429 |
(F) A governmental aggregator under division (A) of this | 7430 |
section is not a public utility engaging in the wholesale purchase | 7431 |
and resale of natural gas, and provision of the aggregated service | 7432 |
is not a wholesale utility transaction. A governmental aggregator | 7433 |
shall be subject to supervision and regulation by the public | 7434 |
utilities commission only to the extent of any competitive retail | 7435 |
natural gas service it provides and commission authority under | 7436 |
this chapter. | 7437 |
Sec. 4929.27. (A)(1) The legislative authority of a | 7438 |
municipal corporation may adopt an ordinance, or the board of | 7439 |
township trustees of a township or the board of county | 7440 |
commissioners of a county may adopt a resolution, under which, in | 7441 |
accordance with this section and except as otherwise provided in | 7442 |
division (A)(2) of this section, the legislative authority or | 7443 |
board may aggregate, with the prior consent of each person whose | 7444 |
retail natural gas load is proposed to be aggregated, competitive | 7445 |
retail natural gas service for any such retail natural gas load | 7446 |
that is located, respectively, within the municipal corporation, | 7447 |
township, or unincorporated area of the county and for which there | 7448 |
is a choice of supplier of that service as a result of revised | 7449 |
schedules approved under division (C) of section 4929.29 of the | 7450 |
Revised Code, a rule or order adopted or issued by the commission | 7451 |
under Chapter 4905. of the Revised Code, or an exemption granted | 7452 |
by the commission under sections 4929.04 to 4929.08 of the Revised | 7453 |
Code. An ordinance or a resolution adopted under this section | 7454 |
shall expressly state that it is adopted pursuant to the authority | 7455 |
conferred by this section. The legislative authority or board also | 7456 |
may exercise such authority jointly with any other such | 7457 |
legislative authority or board. For the purpose of the | 7458 |
aggregation, the legislative authority or board may enter into | 7459 |
service agreements to facilitate the sale and purchase of the | 7460 |
service for the retail natural gas loads. | 7461 |
(2)(a) No aggregation under an ordinance or resolution | 7462 |
adopted under division (A)(1) of this section shall include the | 7463 |
retail natural gas load of any person that meets either of the | 7464 |
following criteria: | 7465 |
(i) The person is supplied with commodity sales service | 7466 |
pursuant to a contract with a retail natural gas supplier that is | 7467 |
in effect on the effective date of the ordinance or resolution. | 7468 |
(ii) The person is supplied with commodity sales service as | 7469 |
part of a retail natural gas load aggregation provided for | 7470 |
pursuant to a rule or order adopted or issued by the commission | 7471 |
under this chapter or Chapter 4905. of the Revised Code. | 7472 |
(b) Nothing in division (A)(2)(a) of this section precludes a | 7473 |
governmental aggregation under this section from permitting the | 7474 |
retail natural gas load of a person described in division | 7475 |
(A)(2)(a) of this section from being included in the aggregation | 7476 |
upon the expiration of any contract or aggregation as described in | 7477 |
division (A)(2)(a)(i) or (ii) of this section or upon the person | 7478 |
no longer qualifying to be included in
| 7479 |
(B) Upon the applicable requisite authority under division | 7480 |
(A) of this section, the legislative authority or board shall | 7481 |
develop a plan of operation and governance for the aggregation | 7482 |
program so authorized. Before adopting a plan under this division, | 7483 |
the legislative authority or board shall hold at least two public | 7484 |
hearings on the plan. Before the first hearing, the legislative | 7485 |
authority or board shall publish notice of the hearings once a | 7486 |
week for two consecutive weeks in a newspaper of general | 7487 |
circulation in the jurisdiction. The notice shall summarize the | 7488 |
plan and state the date, time, and location of each hearing. | 7489 |
(C)(1) With respect to a governmental aggregation for a | 7490 |
municipal corporation that is authorized pursuant to division (A) | 7491 |
of this section, resolutions may be proposed by initiative or | 7492 |
referendum petitions in accordance with sections 731.28 to 731.41 | 7493 |
of the Revised Code. | 7494 |
(2) With respect to a governmental aggregation for a township | 7495 |
or the unincorporated area of a county, which aggregation is | 7496 |
authorized pursuant to division (A) of this section, resolutions | 7497 |
may be proposed by initiative or referendum petitions in | 7498 |
accordance with sections 731.28 to 731.40 of the Revised Code, | 7499 |
except that: | 7500 |
(a) The petitions shall be filed, respectively, with the | 7501 |
township
| 7502 |
commissioners, who shall perform those duties imposed under those | 7503 |
sections upon the city auditor or village clerk. | 7504 |
(b) The petitions shall contain the signatures of not less | 7505 |
than ten per cent of the total number of electors in the township | 7506 |
or the unincorporated area of the county, respectively, who voted | 7507 |
for the office of governor at the preceding general election for | 7508 |
that office in that area. | 7509 |
(D) A governmental aggregator under division (A) of this | 7510 |
section is not a public utility engaging in the wholesale purchase | 7511 |
and resale of natural gas, and provision of the aggregated service | 7512 |
is not a wholesale utility transaction. A governmental aggregator | 7513 |
shall be subject to supervision and regulation by the public | 7514 |
utilities commission only to the extent of any competitive retail | 7515 |
natural gas service it provides and commission authority under | 7516 |
this chapter. | 7517 |
Sec. 5123.19. (A) As used in this section and in sections | 7518 |
5123.191, 5123.194, 5123.196, 5123.198, and 5123.20 of the Revised | 7519 |
Code: | 7520 |
(1)(a) "Residential facility" means a home or facility in | 7521 |
which a mentally retarded or developmentally disabled person | 7522 |
resides, except the home of a relative or legal guardian in which | 7523 |
a mentally retarded or developmentally disabled person resides, a | 7524 |
respite care home certified under section 5126.05 of the Revised | 7525 |
Code, a county home or district home operated pursuant to Chapter | 7526 |
5155. of the Revised Code, or a dwelling in which the only | 7527 |
mentally retarded or developmentally disabled residents are in an | 7528 |
independent living arrangement or are being provided supported | 7529 |
living. | 7530 |
(b) "Intermediate care facility for the mentally retarded" | 7531 |
means a residential facility that is considered an intermediate | 7532 |
care facility for the mentally retarded for the purposes of | 7533 |
Chapter 5111. of the Revised Code. | 7534 |
(2) "Political subdivision" means a municipal corporation, | 7535 |
county, or township. | 7536 |
(3) "Independent living arrangement" means an arrangement in | 7537 |
which a mentally retarded or developmentally disabled person | 7538 |
resides in an individualized setting chosen by the person or the | 7539 |
person's guardian, which is not dedicated principally to the | 7540 |
provision of residential services for mentally retarded or | 7541 |
developmentally disabled persons, and for which no financial | 7542 |
support is received for rendering such service from any | 7543 |
governmental agency by a provider of residential services. | 7544 |
(4) "Supported living" has the same meaning as in section | 7545 |
5126.01 of the Revised Code. | 7546 |
(5) "Licensee" means the person or government agency that has | 7547 |
applied for a license to operate a residential facility and to | 7548 |
which the license was issued under this section. | 7549 |
(B) Every person or government agency desiring to operate a | 7550 |
residential facility shall apply for licensure of the facility to | 7551 |
the director of mental retardation and developmental disabilities | 7552 |
unless the residential facility is subject to section 3721.02, | 7553 |
3722.04, 5103.03, or 5119.20 of the Revised Code. Notwithstanding | 7554 |
Chapter 3721. of the Revised Code, a nursing home that is | 7555 |
certified as an intermediate care facility for the mentally | 7556 |
retarded under Title XIX of the "Social Security Act," 79 Stat. | 7557 |
286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for | 7558 |
licensure of the portion of the home that is certified as an | 7559 |
intermediate care facility for the mentally retarded. | 7560 |
(C) Subject to section 5123.196 of the Revised Code, the | 7561 |
director of mental retardation and developmental disabilities | 7562 |
shall license the operation of residential facilities. An initial | 7563 |
license shall be issued for a period that does not exceed one | 7564 |
year, unless the director denies the license under division (D) of | 7565 |
this section. A license shall be renewed for a period that does | 7566 |
not exceed three years, unless the director refuses to renew the | 7567 |
license under division (D) of this section. The director, when | 7568 |
issuing or renewing a license, shall specify the period for which | 7569 |
the license is being issued or renewed. A license remains valid | 7570 |
for the length of the licensing period specified by the director, | 7571 |
unless the license is terminated, revoked, or voluntarily | 7572 |
surrendered. | 7573 |
(D) If it is determined that an applicant or licensee is not | 7574 |
in compliance with a provision of this chapter that applies to | 7575 |
residential facilities or the rules adopted under such a | 7576 |
provision, the director may deny issuance of a license, refuse to | 7577 |
renew a license, terminate a license, revoke a license, issue an | 7578 |
order for the suspension of admissions to a facility, issue an | 7579 |
order for the placement of a monitor at a facility, issue an order | 7580 |
for the immediate removal of residents, or take any other action | 7581 |
the director considers necessary consistent with the director's | 7582 |
authority under this chapter regarding residential facilities. In | 7583 |
the director's selection and administration of the sanction to be | 7584 |
imposed, all of the following apply: | 7585 |
(1) The director may deny, refuse to renew, or revoke a | 7586 |
license, if the director determines that the applicant or licensee | 7587 |
has demonstrated a pattern of serious noncompliance or that a | 7588 |
violation creates a substantial risk to the health and safety of | 7589 |
residents of a residential facility. | 7590 |
(2) The director may terminate a license if more than twelve | 7591 |
consecutive months have elapsed since the residential facility was | 7592 |
last occupied by a resident or a notice required by division (J) | 7593 |
of this section is not given. | 7594 |
(3) The director may issue an order for the suspension of | 7595 |
admissions to a facility for any violation that may result in | 7596 |
sanctions under division (D)(1) of this section and for any other | 7597 |
violation specified in rules adopted under division (G)(2) of this | 7598 |
section. If the suspension of admissions is imposed for a | 7599 |
violation that may result in sanctions under division (D)(1) of | 7600 |
this section, the director may impose the suspension before | 7601 |
providing an opportunity for an adjudication under Chapter 119. of | 7602 |
the Revised Code. The director shall lift an order for the | 7603 |
suspension of admissions when the director determines that the | 7604 |
violation that formed the basis for the order has been corrected. | 7605 |
(4) The director may order the placement of a monitor at a | 7606 |
residential facility for any violation specified in rules adopted | 7607 |
under division (G)(2) of this section. The director shall lift the | 7608 |
order when the director determines that the violation that formed | 7609 |
the basis for the order has been corrected. | 7610 |
(5) If the director determines that two or more residential | 7611 |
facilities owned or operated by the same person or government | 7612 |
entity are not being operated in compliance with a provision of | 7613 |
this chapter that applies to residential facilities or the rules | 7614 |
adopted under such a provision, and the director's findings are | 7615 |
based on the same or a substantially similar action, practice, | 7616 |
circumstance, or incident that creates a substantial risk to the | 7617 |
health and safety of the residents, the director shall conduct a | 7618 |
survey as soon as practicable at each residential facility owned | 7619 |
or operated by that person or government entity. The director may | 7620 |
take any action authorized by this section with respect to any | 7621 |
facility found to be operating in violation of a provision of this | 7622 |
chapter that applies to residential facilities or the rules | 7623 |
adopted under such a provision. | 7624 |
(6) When the director initiates license revocation | 7625 |
proceedings, no opportunity for submitting a plan of correction | 7626 |
shall be given. The director shall notify the licensee by letter | 7627 |
of the
initiation
of | 7628 |
the deficiencies of the residential facility and inform the | 7629 |
licensee that no plan of correction will be accepted. The director | 7630 |
shall also notify each affected resident, the resident's guardian | 7631 |
if the resident is an adult for whom a guardian has been | 7632 |
appointed, the resident's parent or guardian if the resident is a | 7633 |
minor, and the county board of mental retardation and | 7634 |
developmental disabilities. | 7635 |
(7) Pursuant to rules which shall be adopted in accordance | 7636 |
with Chapter 119. of the Revised Code, the director may order the | 7637 |
immediate removal of residents from a residential facility | 7638 |
whenever conditions at the facility present an immediate danger of | 7639 |
physical or psychological harm to the residents. | 7640 |
(8) In determining whether a residential facility is being | 7641 |
operated in compliance with a provision of this chapter that | 7642 |
applies to residential facilities or the rules adopted under such | 7643 |
a provision, or whether conditions at a residential facility | 7644 |
present an immediate danger of physical or psychological harm to | 7645 |
the residents, the director may rely on information obtained by a | 7646 |
county board of mental retardation and developmental disabilities | 7647 |
or other governmental agencies. | 7648 |
(9) In proceedings initiated to deny, refuse to renew, or | 7649 |
revoke licenses, the director may deny, refuse to renew, or revoke | 7650 |
a license regardless of whether some or all of the deficiencies | 7651 |
that prompted the proceedings have been corrected at the time of | 7652 |
the hearing. | 7653 |
(E) The director shall establish a program under which public | 7654 |
notification may be made when the director has initiated license | 7655 |
revocation proceedings or has issued an order for the suspension | 7656 |
of admissions, placement of a monitor, or removal of residents. | 7657 |
The director shall adopt rules in accordance with Chapter 119. of | 7658 |
the Revised Code to implement this division. The rules shall | 7659 |
establish the procedures by which the public notification will be | 7660 |
made and specify the circumstances for which the notification must | 7661 |
be made. The rules shall require that public notification be made | 7662 |
if the director has taken action against the facility in the | 7663 |
eighteen-month period immediately preceding the director's latest | 7664 |
action against the facility and the latest action is being taken | 7665 |
for the same or a substantially similar violation of a provision | 7666 |
of this chapter that applies to residential facilities or the | 7667 |
rules adopted under such a provision. The rules shall specify a | 7668 |
method for removing or amending the public notification if the | 7669 |
director's action is found to have been unjustified or the | 7670 |
violation at the residential facility has been corrected. | 7671 |
(F)(1) Except as provided in division (F)(2) of this section, | 7672 |
appeals from proceedings initiated to impose a sanction under | 7673 |
division (D) of this section shall be conducted in accordance with | 7674 |
Chapter 119. of the Revised Code. | 7675 |
(2) Appeals from proceedings initiated to order the | 7676 |
suspension of admissions to a facility shall be conducted in | 7677 |
accordance with Chapter 119. of the Revised Code, unless the order | 7678 |
was issued before providing an opportunity for an adjudication, in | 7679 |
which case all of the following apply: | 7680 |
(a) The licensee may request a hearing not later than ten | 7681 |
days after receiving the notice specified in section 119.07 of the | 7682 |
Revised Code. | 7683 |
(b) If a timely request for a hearing is made, the hearing | 7684 |
shall commence not later than thirty days after the department | 7685 |
receives the request. | 7686 |
(c) After commencing, the hearing shall continue | 7687 |
uninterrupted, except for Saturdays, Sundays, and legal holidays, | 7688 |
unless other interruptions are agreed to by the licensee and the | 7689 |
director. | 7690 |
(d) If the hearing is conducted by a hearing examiner, the | 7691 |
hearing examiner shall file a report and recommendations not later | 7692 |
than ten days after the close of the hearing. | 7693 |
(e) Not later than five days after the hearing examiner files | 7694 |
the report and recommendations, the licensee may file objections | 7695 |
to the report and recommendations. | 7696 |
(f) Not later than fifteen days after the hearing examiner | 7697 |
files the report and recommendations, the director shall issue an | 7698 |
order approving, modifying, or disapproving the report and | 7699 |
recommendations. | 7700 |
(g) Notwithstanding the pendency of the hearing, the director | 7701 |
shall lift the order for the suspension of admissions when the | 7702 |
director determines that the violation that formed the basis for | 7703 |
the order has been corrected. | 7704 |
(G) In accordance with Chapter 119. of the Revised Code, the | 7705 |
director shall adopt and may amend and rescind rules for licensing | 7706 |
and regulating the operation of residential facilities, including | 7707 |
intermediate care facilities for the mentally retarded. The rules | 7708 |
for intermediate care facilities for the mentally retarded may | 7709 |
differ from those for other residential facilities. The rules | 7710 |
shall establish and specify the following: | 7711 |
(1) Procedures and criteria for issuing and renewing | 7712 |
licenses, including procedures and criteria for determining the | 7713 |
length of the licensing period that the director must specify for | 7714 |
each license when it is issued or renewed; | 7715 |
(2) Procedures and criteria for denying, refusing to renew, | 7716 |
terminating, and revoking licenses and for ordering the suspension | 7717 |
of admissions to a facility, placement of a monitor at a facility, | 7718 |
and the immediate removal of residents from a facility; | 7719 |
(3) Fees for issuing and renewing licenses; | 7720 |
(4) Procedures for surveying residential facilities; | 7721 |
(5) Requirements for the training of residential facility | 7722 |
personnel; | 7723 |
(6) Classifications for the various types of residential | 7724 |
facilities; | 7725 |
(7) Certification procedures for licensees and management | 7726 |
contractors that the director determines are necessary to ensure | 7727 |
that they have the skills and qualifications to properly operate | 7728 |
or manage residential facilities; | 7729 |
(8) The maximum number of persons who may be served in a | 7730 |
particular type of residential facility; | 7731 |
(9) Uniform procedures for admission of persons to and | 7732 |
transfers and discharges of persons from residential facilities; | 7733 |
(10) Other standards for the operation of residential | 7734 |
facilities and the services provided at residential facilities; | 7735 |
(11) Procedures for waiving any provision of any rule adopted | 7736 |
under this section. | 7737 |
(H) Before issuing a license, the director of the department | 7738 |
or the director's designee shall conduct a survey of the | 7739 |
residential facility for which application is made. The director | 7740 |
or the director's designee shall conduct a survey of each licensed | 7741 |
residential facility at least once during the period the license | 7742 |
is valid and may conduct additional inspections as needed. A | 7743 |
survey includes but is not limited to an on-site examination and | 7744 |
evaluation of the residential facility, its personnel, and the | 7745 |
services provided there. | 7746 |
In conducting surveys, the director or the director's | 7747 |
designee shall be given access to the residential facility; all | 7748 |
records, accounts, and any other documents related to the | 7749 |
operation of the facility; the licensee; the residents of the | 7750 |
facility; and all persons acting on behalf of, under the control | 7751 |
of, or in connection with the licensee. The licensee and all | 7752 |
persons on behalf of, under the control of, or in connection with | 7753 |
the licensee shall cooperate with the director or the director's | 7754 |
designee in conducting the survey. | 7755 |
Following each survey, unless the director initiates a | 7756 |
license revocation proceeding, the director or the director's | 7757 |
designee shall provide the licensee with a report listing any | 7758 |
deficiencies, specifying a timetable within which the licensee | 7759 |
shall submit a plan of correction describing how the deficiencies | 7760 |
will be corrected, and, when appropriate, specifying a timetable | 7761 |
within which the licensee must correct the deficiencies. After a | 7762 |
plan of correction is submitted, the director or the director's | 7763 |
designee shall approve or disapprove the plan. A copy of the | 7764 |
report and any approved plan of correction shall be provided to | 7765 |
any person who requests it. | 7766 |
The director shall initiate disciplinary action against any | 7767 |
department employee who notifies or causes the notification to any | 7768 |
unauthorized person of an unannounced survey of a residential | 7769 |
facility by an authorized representative of the department. | 7770 |
(I) In addition to any other information which may be | 7771 |
required of applicants for a license pursuant to this section, the | 7772 |
director shall require each applicant to provide a copy of an | 7773 |
approved plan for a proposed residential facility pursuant to | 7774 |
section 5123.042 of the Revised Code. This division does not apply | 7775 |
to renewal of a license. | 7776 |
(J) A licensee shall notify the owner of the building in | 7777 |
which the licensee's residential facility is located of any | 7778 |
significant change in the identity of the licensee or management | 7779 |
contractor before the effective date of the change if the licensee | 7780 |
is not the owner of the building. | 7781 |
Pursuant to rules which shall be adopted in accordance with | 7782 |
Chapter 119. of the Revised Code, the director may require | 7783 |
notification to the department of any significant change in the | 7784 |
ownership of a residential facility or in the identity of the | 7785 |
licensee or management contractor. If the director determines that | 7786 |
a significant change of ownership is proposed, the director shall | 7787 |
consider the proposed change to be an application for development | 7788 |
by a new operator pursuant to section 5123.042 of the Revised Code | 7789 |
and
shall
advise
the
applicant within sixty days of | 7790 |
notification that the current license shall continue in effect or | 7791 |
a new license will be required pursuant to this section. If the | 7792 |
director requires a new license, the director shall permit the | 7793 |
facility to continue to operate under the current license until | 7794 |
the new license is issued, unless the current license is revoked, | 7795 |
refused to be renewed, or terminated in accordance with Chapter | 7796 |
119. of the Revised Code. | 7797 |
(K) A county board of mental retardation and developmental | 7798 |
disabilities, the legal rights service, and any interested person | 7799 |
may file complaints alleging violations of statute or department | 7800 |
rule relating to residential facilities with the department. All | 7801 |
complaints shall be in writing and shall state the facts | 7802 |
constituting the basis of the allegation. The department shall not | 7803 |
reveal the source of any complaint unless the complainant agrees | 7804 |
in writing to waive the right to confidentiality or until so | 7805 |
ordered by a court of competent jurisdiction. | 7806 |
The department shall adopt rules in accordance with Chapter | 7807 |
119. of the Revised Code establishing procedures for the receipt, | 7808 |
referral, investigation, and disposition of complaints filed with | 7809 |
the department under this division. | 7810 |
(L) The department shall establish procedures for the | 7811 |
notification of interested parties of the transfer or interim care | 7812 |
of residents from residential facilities that are closing or are | 7813 |
losing their license. | 7814 |
(M) Before issuing a license under this section to a | 7815 |
residential facility that will accommodate at any time more than | 7816 |
one mentally retarded or developmentally disabled individual, the | 7817 |
director shall, by first class mail, notify the following: | 7818 |
(1) If the facility will be located in a municipal | 7819 |
corporation, the clerk of the legislative authority of the | 7820 |
municipal corporation; | 7821 |
(2) If the facility will be located in unincorporated | 7822 |
territory, the clerk of the appropriate board of county | 7823 |
commissioners and the | 7824 |
board of township trustees. | 7825 |
The director shall not issue the license for ten days after | 7826 |
mailing the notice, excluding Saturdays, Sundays, and legal | 7827 |
holidays, in order to give the notified local officials time in | 7828 |
which to comment on the proposed issuance. | 7829 |
Any legislative authority of a municipal corporation, board | 7830 |
of county commissioners, or board of township trustees that | 7831 |
receives notice under this division of the proposed issuance of a | 7832 |
license for a residential facility may comment on it in writing to | 7833 |
the director within ten days after the director mailed the notice, | 7834 |
excluding Saturdays, Sundays, and legal holidays. If the director | 7835 |
receives written comments from any notified officials within the | 7836 |
specified time, the director shall make written findings | 7837 |
concerning the comments and the director's decision on the | 7838 |
issuance of the license. If the director does not receive written | 7839 |
comments from any notified local officials within the specified | 7840 |
time, the director shall continue the process for issuance of the | 7841 |
license. | 7842 |
(N) Any person may operate a licensed residential facility | 7843 |
that provides room and board, personal care, habilitation | 7844 |
services, and supervision in a family setting for at least six but | 7845 |
not more than eight persons with mental retardation or a | 7846 |
developmental disability as a permitted use in any residential | 7847 |
district or zone, including any single-family residential district | 7848 |
or zone, of any political subdivision. These residential | 7849 |
facilities may be required to comply with area, height, yard, and | 7850 |
architectural compatibility requirements that are uniformly | 7851 |
imposed upon all single-family residences within the district or | 7852 |
zone. | 7853 |
(O) Any person may operate a licensed residential facility | 7854 |
that provides room and board, personal care, habilitation | 7855 |
services, and supervision in a family setting for at least nine | 7856 |
but not more than sixteen persons with mental retardation or a | 7857 |
developmental disability as a permitted use in any multiple-family | 7858 |
residential district or zone of any political subdivision, except | 7859 |
that a political subdivision that has enacted a zoning ordinance | 7860 |
or resolution establishing planned unit development districts may | 7861 |
exclude these
residential facilities from
| 7862 |
and a political subdivision that has enacted a zoning ordinance or | 7863 |
resolution may regulate these residential facilities in | 7864 |
multiple-family residential districts or zones as a conditionally | 7865 |
permitted use or special exception, in either case, under | 7866 |
reasonable and specific standards and conditions set out in the | 7867 |
zoning ordinance or resolution to: | 7868 |
(1) Require the architectural design and site layout of the | 7869 |
residential facility and the location, nature, and height of any | 7870 |
walls, screens, and fences to be compatible with adjoining land | 7871 |
uses and the residential character of the neighborhood; | 7872 |
(2) Require compliance with yard, parking, and sign | 7873 |
regulation; | 7874 |
(3) Limit excessive concentration of these residential | 7875 |
facilities. | 7876 |
(P) This section does not prohibit a political subdivision | 7877 |
from applying to residential facilities nondiscriminatory | 7878 |
regulations requiring compliance with health, fire, and safety | 7879 |
regulations and building standards and regulations. | 7880 |
(Q) Divisions (N) and (O) of this section are not applicable | 7881 |
to municipal corporations that had in effect on June 15, 1977, an | 7882 |
ordinance specifically permitting in residential zones licensed | 7883 |
residential facilities by means of permitted uses, conditional | 7884 |
uses, or special exception, so long as such ordinance remains in | 7885 |
effect without any substantive modification. | 7886 |
(R)(1) The director may issue an interim license to operate a | 7887 |
residential facility to an applicant for a license under this | 7888 |
section if either of the following is the case: | 7889 |
(a) The director determines that an emergency exists | 7890 |
requiring immediate placement of persons in a residential | 7891 |
facility, that insufficient licensed beds are available, and that | 7892 |
the residential facility is likely to receive a permanent license | 7893 |
under this section within thirty days after issuance of the | 7894 |
interim license. | 7895 |
(b) The director determines that the issuance of an interim | 7896 |
license is necessary to meet a temporary need for a residential | 7897 |
facility. | 7898 |
(2) To be eligible to receive an interim license, an | 7899 |
applicant must meet the same criteria that must be met to receive | 7900 |
a permanent license under this section, except for any differing | 7901 |
procedures and time frames that may apply to issuance of a | 7902 |
permanent license. | 7903 |
(3) An interim license shall be valid for thirty days and may | 7904 |
be renewed by the director for a period not to exceed one hundred | 7905 |
fifty days. | 7906 |
(4) The director shall adopt rules in accordance with Chapter | 7907 |
119. of the Revised Code as the director considers necessary to | 7908 |
administer the issuance of interim licenses. | 7909 |
(S) Notwithstanding rules adopted pursuant to this section | 7910 |
establishing the maximum number of persons who may be served in a | 7911 |
particular type of residential facility, a residential facility | 7912 |
shall be permitted to serve the same number of persons being | 7913 |
served by the facility on the effective date of | 7914 |
the number of persons for which the facility is authorized | 7915 |
pursuant to a current application for a certificate of need with a | 7916 |
letter of support from the department of mental retardation and | 7917 |
developmental disabilities and which is in the review process | 7918 |
prior to April 4, 1986. | 7919 |
(T) The director or the director's designee may enter at any | 7920 |
time, for purposes of investigation, any home, facility, or other | 7921 |
structure that has been reported to the director or that the | 7922 |
director has reasonable cause to believe is being operated as a | 7923 |
residential facility without a license issued under this section. | 7924 |
The director may petition the court of common pleas of the | 7925 |
county in which an unlicensed residential facility is located for | 7926 |
an order enjoining the person or governmental agency operating the | 7927 |
facility from continuing to operate without a license. The court | 7928 |
may grant the injunction on a showing that the person or | 7929 |
governmental agency named in the petition is operating a | 7930 |
residential facility without a license. The court may grant the | 7931 |
injunction, regardless of whether the residential facility meets | 7932 |
the requirements for receiving a license under this section. | 7933 |
Sec. 5126.021. As used in this section, "immediate family" | 7934 |
means parents, brothers, sisters, spouses, sons, daughters, | 7935 |
mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law, | 7936 |
sons-in-law, and daughters-in-law. | 7937 |
(A) The following individuals shall not serve as members of | 7938 |
county boards of mental retardation and developmental | 7939 |
disabilities: | 7940 |
(1) Elected public officials, except for township trustees, | 7941 |
township | 7942 |
definition of public official or employee in division (B) of | 7943 |
section 102.01 of the Revised Code; | 7944 |
(2) Members of the immediate family of another board member; | 7945 |
(3) Board employees and members of the immediate family of | 7946 |
board employees; | 7947 |
(4) Former board employees within one calendar year of the | 7948 |
termination of employment with the board on which the former | 7949 |
employee would serve. | 7950 |
(B) A person may not serve as a member of a county board of | 7951 |
mental retardation and developmental disabilities when either the | 7952 |
person or a member of the person's immediate family is a board | 7953 |
member of a contract agency of that county board unless there is | 7954 |
no conflict of interest. In no circumstance shall a member of a | 7955 |
county board vote on any matter before the board concerning a | 7956 |
contract agency of which the member or a member of the member's | 7957 |
immediate family is also a board member or an employee. All | 7958 |
questions relating to the existence of a conflict of interest | 7959 |
shall be submitted to the local prosecuting attorney and the Ohio | 7960 |
ethics commission for resolution. | 7961 |
(C) No employee of an agency contracting with a county board | 7962 |
of mental retardation and developmental disabilities or member of | 7963 |
the immediate family of such an employee shall serve as a board | 7964 |
member or an employee of the county board except that a county | 7965 |
board may, pursuant to a resolution adopted by the board, employ a | 7966 |
member of the immediate family of an employee of an agency | 7967 |
contracting with the board. | 7968 |
(D) No person shall serve as a member or employee of a county | 7969 |
board of mental retardation and developmental disabilities if a | 7970 |
member of the person's immediate family serves as a county | 7971 |
commissioner of the county served by the board unless the person | 7972 |
was a member or employee prior to October 31, 1980. | 7973 |
(E) A county board of mental retardation and developmental | 7974 |
disabilities shall not contract with an agency whose board | 7975 |
includes a county commissioner of the county served by the county | 7976 |
board. | 7977 |
(F) Notwithstanding any provision of the Revised Code to the | 7978 |
contrary, including applicable provisions of sections 102.03, | 7979 |
102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a | 7980 |
county board of mental retardation and developmental disabilities | 7981 |
also may be a member of the governing board of an agency or a | 7982 |
political subdivision, including the board of education of a | 7983 |
school district. The county board of mental retardation and | 7984 |
developmental disabilities may contract with the governing board | 7985 |
of an agency or political subdivision whose member is also an | 7986 |
employee of the county board, provided that in no circumstances | 7987 |
shall such employee of the county board vote on any matter before | 7988 |
the governing board of the agency or political subdivision | 7989 |
concerning a county board contract or participate in any | 7990 |
discussion or debate regarding that contract. | 7991 |
Sec. 5541.02. The board of county commissioners shall | 7992 |
determine, from the statistics and information furnished by the | 7993 |
several boards of township trustees within
| 7994 |
relative importance and value for traffic of the various public | 7995 |
highways of the entire county.
| 7996 |
commissioners shall begin work as soon as the necessary | 7997 |
information is furnished by the several boards of township | 7998 |
trustees within the county | 7999 |
consideration of the information furnished, shall select and | 8000 |
designate a connected system of county highways, of
| 8001 |
mileage
| 8002 |
intercounty
and state highways of
| 8003 |
villages and centers
of rural population within the county.
| 8004 |
The system of highways, when selected and designated by the board | 8005 |
of county commissioners, shall be known as the system of county | 8006 |
highways of
the county, and all of the roads composing
| 8007 |
system shall be known and designated as county roads. The board of | 8008 |
county commissioners may call to its assistance the county | 8009 |
engineer | 8010 |
the relative importance of the highways of any township, with | 8011 |
respect to which the board of township trustees fails to report | 8012 |
within a reasonable time. Upon the completion of its investigation | 8013 |
and the designation of a system of county highways, the board of | 8014 |
county commissioners shall require the engineer to make a map | 8015 |
8016 | |
selected roads indicated
| 8017 |
statement by the board of county commissioners of its reasons for | 8018 |
the selection made, shall be transmitted to the director of | 8019 |
transportation. | 8020 |
If the director finds that the system has been designated in | 8021 |
substantial compliance with this section and section
| 8022 |
5541.01 of the Revised Code, and that all portions of the system | 8023 |
of county highways connect with either a state or intercounty | 8024 |
highway, or another county road,
| 8025 |
sixty days,
approve
| 8026 |
to the board of county commissioners, which shall cause a copy of | 8027 |
8028 | |
shall cause
a copy
| 8029 |
county engineer
and of the
| 8030 |
within the county. The system
of roads designated upon
| 8031 |
map shall then become the system of county roads of the county. | 8032 |
Each road constituting a part of
| 8033 |
number by the board of county commissioners, which may also divide | 8034 |
the roads into convenient sections and assign appropriate | 8035 |
designations to each section. No state or intercounty highway or | 8036 |
part
| 8037 |
highways. The board of county commissioners may make changes in or | 8038 |
additions to the county system as in the manner provided by this | 8039 |
section. All expenses incurred in carrying out this section shall | 8040 |
be paid from the general county road fund. | 8041 |
Sec. 5543.05. The county auditor shall, before
| 8042 |
drawing a warrant for any moneys expended by the county on any | 8043 |
highways, other than intercounty or state highways, or on any | 8044 |
bridges or culverts on
| 8045 |
engineer the assignment of
| 8046 |
and section
| 8047 |
which
| 8048 |
records as are necessary to show clearly at the close of each year | 8049 |
the amount of money expended from the county treasury on each | 8050 |
section of
| 8051 |
and on each bridge and
culvert on
| 8052 |
The township
| 8053 |
drawing any warrant for money expended upon any road within the | 8054 |
township, other than an intercounty or state highway, or on | 8055 |
bridges or culverts on
| 8056 |
engineer or board of township trustees the
assignment of
| 8057 |
expense to the road and section of it, bridge, or culvert in | 8058 |
connection with which the expense was incurred. The
| 8059 |
officer may keep such additional records as are necessary to show | 8060 |
clearly at the close of each year the amount of money expended | 8061 |
from the township funds on each section of road, other than | 8062 |
intercounty or state highways, within the township, and on each | 8063 |
bridge and
culvert on
| 8064 |
trustees may
require the
| 8065 |
additional records. | 8066 |
When general equipment or material for use in the entire | 8067 |
county or township is purchased, the expense
| 8068 |
equipment or material need not be assigned to any section of road | 8069 |
or to any bridge or culvert, but,
| 8070 |
all items of expense shall be assigned to the specific section of | 8071 |
road or to the particular bridge or culvert in connection with | 8072 |
which they were incurred. | 8073 |
The director of transportation may prescribe all necessary | 8074 |
and proper forms for maps and reports to be maintained by | 8075 |
engineers, boards, auditors, and
| 8076 |
auditors and
| 8077 |
director to transmit to
| 8078 |
the director prescribes, the cost records they are required by law | 8079 |
to keep pertaining to roads, bridges, and culverts within their | 8080 |
counties or townships. | 8081 |
Sec. 5552.10. The board of county commissioners shall | 8082 |
designate the county engineer to administer county access | 8083 |
management regulations, except that if the engineer declines to | 8084 |
administer the regulations, the board may designate another | 8085 |
person, or a planning commission, to administer them. If a board | 8086 |
of township trustees adopts access management regulations, the | 8087 |
board may administer the regulations or may appoint the township | 8088 |
8089 | |
the advice of the county engineer. | 8090 |
If the access management regulations apply to a subdivision | 8091 |
and a permit request is filed pertaining to the subdivision, the | 8092 |
county engineer, board of township trustees, planning commission, | 8093 |
or other person administering the regulations shall approve or | 8094 |
disapprove the permit request within the time period for approval | 8095 |
of a subdivision without a plat specified in section 711.131 of | 8096 |
the Revised Code. | 8097 |
Sec. 5571.04. When the board of township trustees determines | 8098 |
to proceed as provided in division (C) of section 5571.02 of the | 8099 |
Revised Code and appoints a
highway superintendent,
| 8100 |
superintendent shall, before
entering upon the
discharge of
| 8101 |
8102 | |
state, for the use of the township, in the sum of two thousand | 8103 |
dollars, conditioned upon the faithful performance of
| 8104 |
official duties of superintendent.
| 8105 |
by
the board of township trustees | 8106 |
8107 | |
compensation of the superintendent, which compensation shall be | 8108 |
paid from the township road fund. The compensation and all proper | 8109 |
and necessary expenses, when approved by the board of township | 8110 |
trustees, shall be paid by the township
| 8111 |
8112 |
Sec. 5571.16. The board of township trustees, by resolution, | 8113 |
may require any person to obtain a permit before installing a | 8114 |
driveway culvert or making any excavation in a township highway or | 8115 |
highway right-of-way within its jurisdiction, except an excavation | 8116 |
to repair, rehabilitate, or replace a pole already installed for | 8117 |
the purpose of providing electric or telecommunications service. | 8118 |
The board, as a condition to the granting of the permit, may do | 8119 |
any of the following: | 8120 |
(A) Require the applicant to submit plans indicating the | 8121 |
location, size, type, and duration of the culvert or excavation | 8122 |
contemplated; | 8123 |
(B) Specify methods of excavation, refilling, and resurfacing | 8124 |
to be followed; | 8125 |
(C) Require the use of warning devices it considers necessary | 8126 |
to protect travelers on the highway; | 8127 |
(D) Require the applicant to indemnify the township against | 8128 |
liability or damage as the result of the installation of the | 8129 |
culvert or as a result of the excavation; | 8130 |
(E) Require the applicant to post a deposit or bond, with | 8131 |
sureties to the satisfaction of the board, conditioned upon the | 8132 |
performance of all conditions in the permit. | 8133 |
Applications for permits under this section shall be made to | 8134 |
the township | 8135 |
the board. Applications, including, but not limited to, a single | 8136 |
application for an excavation project to install six or more poles | 8137 |
for the purpose of providing electric or telecommunications | 8138 |
service or to install a pole associated with underground electric | 8139 |
or telecommunications service, shall be accompanied by a fee of | 8140 |
fifty dollars per application, which fee shall be returned to the | 8141 |
applicant if the application is denied. Except as otherwise | 8142 |
provided in this section, no application or fee shall be required | 8143 |
for an excavation project to install five or fewer poles for the | 8144 |
purpose of providing electric or telecommunications service, but | 8145 |
the person making that excavation shall provide verifiable notice | 8146 |
of the excavation to the township clerk at least three business | 8147 |
days prior to the date of the excavation. | 8148 |
No person shall install a driveway culvert or make an | 8149 |
excavation in any township highway or highway right-of-way in | 8150 |
violation of any resolution adopted pursuant to this section, | 8151 |
except that, in the case of an emergency requiring immediate | 8152 |
action to protect the public health, safety, and welfare, an | 8153 |
excavation may be made without first obtaining a permit, if an | 8154 |
application is made at the earliest possible opportunity. | 8155 |
As used in this section, "person" has the same meaning as in | 8156 |
section 1.59 of the Revised Code, and "right-of-way" has the same | 8157 |
meaning as in division (UU)(2) of section 4511.01 of the Revised | 8158 |
Code. | 8159 |
Sec. 5573.13. The proportion of the compensation, damages, | 8160 |
and costs of any road improvement to be paid by the township shall | 8161 |
be paid out of any road improvement fund available
| 8162 |
it. For the purpose of providing by taxation a fund for the | 8163 |
payment of the township's proportion of the compensation, damages, | 8164 |
and costs of constructing, reconstructing, resurfacing, or | 8165 |
improving roads under sections 5571.01, 5571.06, 5571.07, 5571.15, | 8166 |
5573.01 to 5573.15,
| 8167 |
of the Revised Code, and for the purpose of maintaining, | 8168 |
repairing, or dragging any public road or part
| 8169 |
public road under their jurisdiction, in the manner provided in | 8170 |
sections 5571.02 to 5571.05,
| 8171 |
and 5575.01 of the Revised Code, the board of trustees may levy, | 8172 |
annually, a tax not exceeding three mills upon each dollar of the | 8173 |
taxable property of
| 8174 |
addition to all other levies authorized for township purposes, and | 8175 |
subject only to the limitation on the combined maximum rate for | 8176 |
all taxes now in force. The taxes so authorized shall be placed by | 8177 |
the county auditor upon the tax duplicate | 8178 |
property of the township, and collected by the county treasurer as | 8179 |
other taxes. When collected,
| 8180 |
8181 | |
collected, and the money so received shall be under the control of | 8182 |
the board of township trustees for the purposes for which the | 8183 |
taxes were levied. | 8184 |
Sec. 5573.211. The proportion of the compensation, damages, | 8185 |
and costs of any road improvement to be paid by a township road | 8186 |
district shall be paid out of any road improvement fund available | 8187 |
8188 | |
for the payment of a township road district's proportion of the | 8189 |
compensation, damages, and costs of constructing, reconstructing, | 8190 |
resurfacing, improving, maintaining, repairing, and dragging | 8191 |
township road district roads | 8192 |
board of trustees of a township in which a township road district | 8193 |
has been erected as provided in section 5573.21 of the Revised | 8194 |
Code | 8195 |
each dollar of the
taxable property of
| 8196 |
district.
| 8197 |
authorized for township or township road district purposes, and | 8198 |
subject only to the limitation on the combined maximum rate for | 8199 |
all taxes in force. The taxes so authorized shall be placed by the | 8200 |
county
auditor upon the tax duplicate | 8201 |
property of
| 8202 |
county treasurer as other taxes. When
collected,
| 8203 |
shall be paid to the
| 8204 |
in
which
| 8205 |
money so received shall be under the control of the board of | 8206 |
township trustees for the purposes for which the taxes were | 8207 |
levied. | 8208 |
Sec. 5575.04. Before entering into a contract, the board of | 8209 |
township trustees shall require a bond indemnifying the township | 8210 |
against damages that may be suffered by failure to perform the | 8211 |
contract according to the
contract's provisions
| 8212 |
accordance with the specifications for the improvement. | 8213 |
The township
| 8214 |
warrant in favor of any contractor for estimates, on account of a | 8215 |
contract let under sections 5575.02 and 5575.03 of the Revised | 8216 |
Code, until the
affidavit of
| 8217 |
agent in the case
of a corporation, that all indebtedness of
| 8218 |
the contractor on account of material incorporated into the work | 8219 |
or delivered on the site of the improvement and labor performed | 8220 |
has been paid, is
filed with
| 8221 |
lieu of
| 8222 |
consent of all persons who have furnished material, incorporated | 8223 |
into the work or delivered on the site of the improvement, or | 8224 |
performed labor
| 8225 |
due may be paid.
| 8226 |
affidavit of the contractor, or an officer or agent in the case of | 8227 |
a corporation, that the consent bears the signatures of all | 8228 |
persons who have furnished material, incorporated in the work or | 8229 |
delivered on the site of the improvement, or performed labor | 8230 |
8231 | |
8232 | |
payment out of any estimate that is due, upon the assignment by | 8233 |
the contractor to any person who has furnished material for the | 8234 |
work or performed
labor
| 8235 |
due for
| 8236 |
Sec. 5575.09. The board of township trustees shall provide | 8237 |
the township
| 8238 |
the fiscal officer shall keep a complete record of proceedings for | 8239 |
the construction, reconstruction, resurfacing, or improvement of | 8240 |
public roads. For making
| 8241 |
shall receive ten cents for each one hundred words, and, for all | 8242 |
other services in connection
| 8243 |
the fiscal officer shall
receive
| 8244 |
8245 |
Sec. 5579.08. All brush, briers, burrs, vines, and noxious | 8246 |
weeds growing along the public highway shall be cut or destroyed | 8247 |
between the first and twentieth days of June, the first and | 8248 |
twentieth days of August, and, if necessary, between the first and | 8249 |
twentieth days of September of each year or whenever necessary to | 8250 |
prevent or eliminate a safety hazard. This work shall be done by | 8251 |
the board of township trustees in its respective township, or by | 8252 |
the township highway superintendent, who may employ the necessary | 8253 |
labor to carry out this section. All expenses incurred shall, when | 8254 |
approved by the board, be paid from the township road fund by the | 8255 |
township
| 8256 |
warrant. | 8257 |
Sec. 5705.01. As used in this chapter: | 8258 |
(A) "Subdivision" means any county; municipal corporation; | 8259 |
township; township police district; township fire district; joint | 8260 |
fire district; joint ambulance district; joint emergency medical | 8261 |
services district; fire and ambulance district; joint recreation | 8262 |
district; township waste disposal district; township road | 8263 |
district; community college district; technical college district; | 8264 |
detention facility district; a district organized under section | 8265 |
2151.65 of the Revised Code; a combined district organized under | 8266 |
sections 2152.41 and 2151.65 of the Revised Code; a joint-county | 8267 |
alcohol, drug addiction, and mental health service district; a | 8268 |
drainage improvement district created under section 6131.52 of the | 8269 |
Revised Code; a union cemetery district; a county school financing | 8270 |
district; or a city, local, exempted village, cooperative | 8271 |
education, or joint vocational school district. | 8272 |
(B) "Municipal corporation" means all municipal corporations, | 8273 |
including those that have adopted a charter under Article XVIII, | 8274 |
Ohio Constitution. | 8275 |
(C) "Taxing authority" or "bond issuing authority" means, in | 8276 |
the case of any county, the board of county commissioners; in the | 8277 |
case of a municipal corporation, the council or other legislative | 8278 |
authority of the municipal corporation; in the case of a city, | 8279 |
local, exempted village, cooperative education, or joint | 8280 |
vocational school district, the board of education; in the case of | 8281 |
a community college district, the board of trustees of the | 8282 |
district; in the case of a technical college district, the board | 8283 |
of trustees of the district; in the case of a detention facility | 8284 |
district, a district organized under section 2151.65 of the | 8285 |
Revised Code, or a combined district organized under sections | 8286 |
2152.41 and 2151.65 of the Revised Code, the joint board of county | 8287 |
commissioners of the district; in the case of a township, the | 8288 |
board of township trustees; in the case of a joint fire district, | 8289 |
the board of fire district trustees; in the case of a joint | 8290 |
recreation district, the joint recreation district board of | 8291 |
trustees; in the case of a joint-county alcohol, drug addiction, | 8292 |
and mental health service district, the district's board of | 8293 |
alcohol, drug addiction, and mental health services; in the case | 8294 |
of a joint ambulance district or a fire and ambulance district, | 8295 |
the board of trustees of the district; in the case of a union | 8296 |
cemetery district, the legislative authority of the municipal | 8297 |
corporation and the board of township trustees, acting jointly as | 8298 |
described in section 759.341 of the Revised Code; in the case of a | 8299 |
drainage improvement district, the board of county commissioners | 8300 |
of the county in which the drainage district is located; in the | 8301 |
case of a joint emergency medical services district, the joint | 8302 |
board of county commissioners of all counties in which all or any | 8303 |
part of the district lies; and in the case of a township police | 8304 |
district, a township fire district, a township road district, or a | 8305 |
township waste disposal district, the board of township trustees | 8306 |
of the township in which the district is located. "Taxing | 8307 |
authority" also means the educational service center governing | 8308 |
board that serves as the taxing authority of a county school | 8309 |
financing district as provided in section 3311.50 of the Revised | 8310 |
Code. | 8311 |
(D) "Fiscal officer" in the case of a county, means the | 8312 |
county auditor; in the case of a municipal corporation, the city | 8313 |
auditor or village clerk, or
| 8314 |
the charter, has the duties and functions of the city auditor or | 8315 |
village clerk, except that in the case of a municipal university | 8316 |
the board of directors of which have assumed, in the manner | 8317 |
provided by law, the custody and control of the funds of the | 8318 |
university, the chief accounting officer of the university shall | 8319 |
perform, with respect to the funds, the duties vested in the | 8320 |
fiscal officer of the subdivision by sections 5705.41 and 5705.44 | 8321 |
of the Revised Code; in the case of a school district, the | 8322 |
treasurer of the board of education; in the case of a county | 8323 |
school financing district, the treasurer of the educational | 8324 |
service center governing board that serves as the taxing | 8325 |
authority; in the case of a
township, the township
| 8326 |
officer; in the case of a joint fire district, the clerk of the | 8327 |
board of fire district trustees; in the case of a joint ambulance | 8328 |
district, the clerk of the board of trustees of the district; in | 8329 |
the case of a joint emergency medical services district, the | 8330 |
person appointed as fiscal officer pursuant to division (D) of | 8331 |
section 307.053 of the Revised Code; in the case of a fire and | 8332 |
ambulance district, the person appointed as fiscal officer | 8333 |
pursuant to division (B) of section 505.375 of the Revised Code; | 8334 |
in the case of a joint recreation district, the person designated | 8335 |
pursuant to section 755.15 of the Revised Code; in the case of a | 8336 |
union cemetery district, the clerk of the municipal corporation | 8337 |
designated in section 759.34 of the Revised Code; in the case of a | 8338 |
children's home district, educational service center, general | 8339 |
health district, joint-county alcohol, drug addiction, and mental | 8340 |
health service district, county library district, detention | 8341 |
facility district, district organized under section 2151.65 of the | 8342 |
Revised Code, a combined district organized under sections | 8343 |
2152.41 and 2151.65 of the Revised Code, or a metropolitan park | 8344 |
district for which no treasurer has been appointed pursuant to | 8345 |
section 1545.07 of the Revised Code, the county auditor of the | 8346 |
county designated by law to act as the auditor of the district; in | 8347 |
the case of a metropolitan park district which has appointed a | 8348 |
treasurer pursuant to section 1545.07 of the Revised Code, that | 8349 |
treasurer; in the case of a drainage improvement district, the | 8350 |
auditor of the county in which the drainage improvement district | 8351 |
is located; and in all other cases, the officer responsible for | 8352 |
keeping the appropriation accounts and drawing warrants for the | 8353 |
expenditure of the moneys of the district or taxing unit. | 8354 |
(E) "Permanent improvement" or "improvement" means any | 8355 |
property, asset, or improvement with an estimated life or | 8356 |
usefulness of five years or more, including land and interests | 8357 |
therein, and reconstructions, enlargements, and extensions thereof | 8358 |
having an estimated life or usefulness of five years or more. | 8359 |
(F) "Current operating expenses" and "current expenses" mean | 8360 |
the lawful expenditures of a subdivision, except those for | 8361 |
permanent improvements, and except payments for interest, sinking | 8362 |
fund, and retirement of bonds, notes, and certificates of | 8363 |
indebtedness of the subdivision. | 8364 |
(G) "Debt charges" means interest, sinking fund, and | 8365 |
retirement charges on bonds, notes, or certificates of | 8366 |
indebtedness. | 8367 |
(H) "Taxing unit" means any subdivision or other governmental | 8368 |
district having authority to levy taxes on the property in the | 8369 |
district or issue bonds that constitute a charge against the | 8370 |
property of the district, including conservancy districts, | 8371 |
metropolitan park districts, sanitary districts, road districts, | 8372 |
and other districts. | 8373 |
(I) "District authority" means any board of directors, | 8374 |
trustees, commissioners, or other officers controlling a district | 8375 |
institution or activity that derives its income or funds from two | 8376 |
or more subdivisions, such as the educational service center, the | 8377 |
trustees of district children's homes, the district board of | 8378 |
health, a joint-county alcohol, drug addiction, and mental health | 8379 |
service district's board of alcohol, drug addiction, and mental | 8380 |
health services, detention facility districts, a joint recreation | 8381 |
district board of trustees, districts organized under section | 8382 |
2151.65 of the Revised Code, combined districts organized under | 8383 |
sections 2152.41 and 2151.65 of the Revised Code, and other such | 8384 |
boards. | 8385 |
(J) "Tax list" and "tax duplicate" mean the general tax lists | 8386 |
and duplicates prescribed by sections 319.28 and 319.29 of the | 8387 |
Revised Code. | 8388 |
(K) "Property" as applied to a tax levy means taxable | 8389 |
property listed on general tax lists and duplicates. | 8390 |
(L) "School library district" means a school district in | 8391 |
which a free public library has been established that is under the | 8392 |
control and management of a board of library trustees as provided | 8393 |
in section 3375.15 of the Revised Code. | 8394 |
Sec. 5709.73. (A) As used in this section and section | 8395 |
5709.74 of the Revised Code: | 8396 |
(1) "Business day" means a day of the week excluding | 8397 |
Saturday, Sunday, and a legal holiday as defined in section 1.14 | 8398 |
of the Revised Code. | 8399 |
(2) "Further improvements" or "improvements" means the | 8400 |
increase in the true value of real property that would first | 8401 |
appear on the tax list and duplicate of real and public utility | 8402 |
property after the effective date of a resolution adopted under | 8403 |
this section were it not for the exemption granted by that | 8404 |
resolution. For purposes of division (B) of this section, | 8405 |
"improvements" do not include any property used or to be used for | 8406 |
residential purposes. | 8407 |
(3) "Housing renovation" means a project carried out for | 8408 |
residential purposes. | 8409 |
(4) "Incentive district" has the same meaning as in section | 8410 |
5709.40 of the Revised Code, except that a blighted area is in the | 8411 |
unincorporated area of a township. | 8412 |
(5) "Project" and "public infrastructure improvement" have | 8413 |
the same meanings as in section 5709.40 of the Revised Code. | 8414 |
(B) A board of township trustees may, by unanimous vote, | 8415 |
adopt a resolution that declares to be a public purpose any public | 8416 |
infrastructure improvements made that are necessary for the | 8417 |
development of certain parcels of land located in the | 8418 |
unincorporated area of the township. Except as otherwise provided | 8419 |
in division (D) of this section, the resolution may exempt from | 8420 |
real property taxation not more than seventy-five per cent of | 8421 |
further improvements to a parcel of land which directly benefits | 8422 |
from
| 8423 |
exempted shall not, except as otherwise provided in division (D) | 8424 |
of this section, exceed the estimated percentage of the | 8425 |
incremental demand placed on the public infrastructure | 8426 |
improvements that is directly attributable to the exempted | 8427 |
improvement. For the purposes of this division, a public | 8428 |
infrastructure improvement directly benefits a parcel of land only | 8429 |
if a project on the parcel places direct, additional demand on the | 8430 |
public infrastructure improvement, or, if the public | 8431 |
infrastructure improvement has not yet been constructed, will | 8432 |
place direct, additional demand on the public infrastructure | 8433 |
improvement when completed. The resolution shall specify the | 8434 |
percentage of the further improvements to be exempted. | 8435 |
(C) A board of township trustees may adopt, by unanimous | 8436 |
vote, a resolution creating an incentive district and declaring | 8437 |
improvements to parcels within the district to be a public purpose | 8438 |
and exempt from taxation as provided in this section. The district | 8439 |
shall be located within the unincorporated area of the township | 8440 |
and shall not include any territory that is included within a | 8441 |
district created under division (B) of section 5709.78 of the | 8442 |
Revised Code. The resolution shall delineate the boundary of the | 8443 |
district and specifically identify each parcel within the | 8444 |
district. A district may not include any parcel that is or has | 8445 |
been exempted from taxation under division (B) of this section or | 8446 |
that is or has been within another district created under this | 8447 |
division. A resolution may create more than one | 8448 |
more than one resolution may be adopted under this division. | 8449 |
Not later than thirty days prior to adopting a resolution | 8450 |
under this division, if the township intends to apply for | 8451 |
exemptions from taxation under section 5709.911 of the Revised | 8452 |
Code on behalf of owners of real property located within the | 8453 |
proposed incentive district, the board shall conduct a public | 8454 |
hearing on the proposed resolution. Not later than thirty days | 8455 |
prior to the public hearing, the board shall give notice of the | 8456 |
public hearing and the proposed resolution by first class mail to | 8457 |
every real property owner whose property is located within the | 8458 |
boundaries of the proposed incentive district that is the subject | 8459 |
of the proposed resolution. | 8460 |
A resolution under this division shall specify the life of | 8461 |
the district and the percentage of the improvements to be exempted | 8462 |
and shall designate the public infrastructure improvements made or | 8463 |
to be made that benefit or serve parcels in the district. | 8464 |
A resolution adopted under this division may authorize the | 8465 |
use of service payments provided for in section 5709.74 of the | 8466 |
Revised Code for the purpose of housing renovations within the | 8467 |
district, provided that the resolution also designates public | 8468 |
infrastructure improvements that benefit or serve the district, | 8469 |
and that a project within the district places real property in use | 8470 |
for commercial or industrial purposes. Service payments may be | 8471 |
used to finance or support loans, deferred loans, and grants to | 8472 |
persons for the purpose of housing renovations within the | 8473 |
district. The resolution shall designate the parcels within the | 8474 |
district that are eligible for housing renovations. The resolution | 8475 |
shall state separately the amount or the percentages of the | 8476 |
expected aggregate service payments that are designated for each | 8477 |
public infrastructure improvement and for the purpose of housing | 8478 |
renovations. | 8479 |
Except with the approval of the board of education of each | 8480 |
city, local, or exempted village school district within the | 8481 |
territory of which the district is or will be located, the life of | 8482 |
a district shall not exceed ten years, and the percentage of | 8483 |
improvements to be exempted shall not exceed seventy-five per | 8484 |
cent. With such approval, the life of a district may be not more | 8485 |
than thirty years, and the percentage of improvements to be | 8486 |
exempted may be not more than one hundred per cent. | 8487 |
Approval of a board of education shall be obtained in the | 8488 |
manner provided in division (D) of this section for exemptions | 8489 |
under division (B) of this section, except that the notice to the | 8490 |
board of education shall delineate the boundaries of the district, | 8491 |
specifically identify each parcel within the district, identify | 8492 |
each anticipated improvement in the district, provide an estimate | 8493 |
of the true value in money of each such improvement, specify the | 8494 |
life of the district and the percentage of improvements that would | 8495 |
be exempted, and indicate the date on which the board of township | 8496 |
trustees intends to adopt the resolution. | 8497 |
A board of township trustees shall not adopt a resolution | 8498 |
under this division after June 30, 2007. | 8499 |
(D) Improvements with respect to a parcel may be exempted | 8500 |
from taxation under division (B) of this section for up to ten | 8501 |
years or, with the approval of the board of education of the city, | 8502 |
local, or exempted village school district within which the parcel | 8503 |
is located, for up to thirty years. The percentage of the | 8504 |
improvements exempted from taxation may, with such approval, | 8505 |
exceed seventy-five per cent, but shall not exceed one hundred per | 8506 |
cent. Not later than forty-five business days prior to adopting a | 8507 |
resolution under this section declaring improvements to be a | 8508 |
public purpose, the board of trustees shall deliver to the board | 8509 |
of education a notice stating its intent to adopt a resolution | 8510 |
making that declaration. The notice shall identify the parcels for | 8511 |
which improvements are to be exempted from taxation, provide an | 8512 |
estimate of the true value in money of the improvements, specify | 8513 |
the period for which the improvements would be exempted from | 8514 |
taxation and the percentage of the improvements that would be | 8515 |
exempted, and indicate the date on which the board of trustees | 8516 |
intends to adopt the resolution. The board of education, by | 8517 |
resolution adopted by a majority of the board, may approve the | 8518 |
exemption for the period or for the exemption percentage specified | 8519 |
in the notice, may disapprove the exemption for the number of | 8520 |
years in excess of ten, may disapprove the exemption for the | 8521 |
percentage of the improvements to be exempted in excess of | 8522 |
seventy-five per cent, or both, or may approve the exemption on | 8523 |
the condition that the board of trustees and the board of | 8524 |
education negotiate an agreement providing for compensation to the | 8525 |
school district equal in value to a percentage of the amount of | 8526 |
taxes exempted in the eleventh and subsequent years of the | 8527 |
exemption period or, in the case of exemption percentages in | 8528 |
excess of seventy-five per cent, compensation equal in value to a | 8529 |
percentage of the taxes that would be payable on the portion of | 8530 |
the improvements in excess of seventy-five per cent were that | 8531 |
portion to be subject to taxation. The board of education shall | 8532 |
certify its resolution to the board of trustees not later than | 8533 |
fourteen days prior to the date the board of trustees intends to | 8534 |
adopt the resolution as indicated in the notice. If the board of | 8535 |
education approves the exemption on the condition that a | 8536 |
compensation agreement be negotiated, the board of education in | 8537 |
its resolution shall propose a compensation percentage. If the | 8538 |
board of education and the board of trustees negotiate a mutually | 8539 |
acceptable compensation agreement, the resolution may declare the | 8540 |
improvements a public purpose for the number of years specified in | 8541 |
the resolution or, in the case of exemption percentages in excess | 8542 |
of seventy-five per cent, for the exemption percentage specified | 8543 |
in the resolution. In either case, if the board of education and | 8544 |
the board of trustees fail to negotiate a mutually acceptable | 8545 |
compensation agreement, the resolution may declare the | 8546 |
improvements a public purpose for not more than ten years, but | 8547 |
shall not exempt more than seventy-five per cent of the | 8548 |
improvements from taxation, or, in the case of a resolution | 8549 |
adopted under division (B) of this section, not more than the | 8550 |
estimated percentage of the incremental demand as otherwise | 8551 |
prescribed by division (B) of this section if that percentage is | 8552 |
less than seventy-five per cent. If the board of education fails | 8553 |
to certify a resolution to the board of trustees within the time | 8554 |
prescribed by this section, the board of trustees thereupon may | 8555 |
adopt the resolution and may declare the improvements a public | 8556 |
purpose for up to thirty years or, in the case of exemption | 8557 |
percentages proposed in excess of seventy-five per cent, for the | 8558 |
exemption percentage specified in the resolution. The board of | 8559 |
township trustees may adopt the resolution at any time after the | 8560 |
board of education certifies its resolution approving the | 8561 |
exemption to the board of township trustees, or, if the board of | 8562 |
education approves the exemption on the condition that a mutually | 8563 |
acceptable compensation agreement be negotiated, at any time after | 8564 |
the compensation agreement is agreed to by the board of education | 8565 |
and the board of township trustees. | 8566 |
If a board of education has adopted a resolution waiving its | 8567 |
right to approve exemptions from taxation and the resolution | 8568 |
remains in effect, approval of such exemptions by the board of | 8569 |
education is not required under this division. If a board of | 8570 |
education has adopted a resolution allowing a board of township | 8571 |
trustees to deliver the notice required under this division fewer | 8572 |
than forty-five business days prior to adoption of the resolution | 8573 |
by the board of township trustees, the board of township trustees | 8574 |
shall deliver the notice to the board of education not later than | 8575 |
the number of days prior to | 8576 |
board of education in its resolution. If a board of education | 8577 |
adopts a resolution waiving its right to approve exemptions or | 8578 |
shortening the notification period, the board of education shall | 8579 |
certify a copy of the resolution to the board of township | 8580 |
trustees. If the board of
education rescinds | 8581 |
resolution, it shall certify notice of the rescission to the board | 8582 |
of township trustees. | 8583 |
If the board of trustees is not required by this division to | 8584 |
notify the board of education of the board of trustees' intent to | 8585 |
declare improvements to be a public purpose, the board of trustees | 8586 |
shall comply with the notice requirements imposed under section | 8587 |
5709.83 of the Revised Code before taking formal action to adopt | 8588 |
the resolution making that declaration, unless the board of | 8589 |
education has adopted a resolution under that section waiving its | 8590 |
right to receive | 8591 |
(E) An exemption from taxation granted under this section | 8592 |
commences with the tax year in which an improvement first appears | 8593 |
on the tax list and duplicate of real and public utility property | 8594 |
and that begins after the effective date of the resolution. Except | 8595 |
as otherwise provided in this division, the exemption ends on the | 8596 |
date specified in the resolution as the date the improvement | 8597 |
ceases to be a public purpose or the incentive district expires, | 8598 |
or ends on the date on which the public infrastructure | 8599 |
improvements and housing renovations are paid in full from the | 8600 |
township public improvement tax increment equivalent fund | 8601 |
established under section 5709.75 of the Revised Code, whichever | 8602 |
occurs first. The exemption of an improvement with respect to a | 8603 |
parcel may end on a later date, as specified in the resolution, if | 8604 |
the board of township trustees and the board of education of the | 8605 |
city, local, or exempted village school district within which the | 8606 |
parcel is located have entered into a compensation agreement under | 8607 |
section 5709.82 of the Revised Code with respect to the | 8608 |
improvement or district and the board of education has approved | 8609 |
the term of the exemption under division (D) of this section, but | 8610 |
in no case shall the improvement be exempted from taxation for | 8611 |
more than thirty years. The board of township trustees may, by | 8612 |
majority vote, adopt a resolution permitting the township to enter | 8613 |
into such agreements as the board finds necessary or appropriate | 8614 |
to provide for the construction or undertaking of public | 8615 |
infrastructure improvements and housing renovations. Any exemption | 8616 |
shall be claimed and allowed in the same or a similar manner as in | 8617 |
the case of other real property exemptions. If an exemption status | 8618 |
changes during a tax year, the procedure for the apportionment of | 8619 |
the taxes for that year is the same as in the case of other | 8620 |
changes in tax exemption status during the year. | 8621 |
(F) The board of township trustees may issue the notes of the | 8622 |
township to finance all costs pertaining to the construction or | 8623 |
undertaking of public infrastructure improvements and housing | 8624 |
renovations made pursuant to this section. The notes shall be | 8625 |
signed by the board and attested by the signature of the township | 8626 |
8627 | |
provided in section 9.95 of the Revised Code, and are not subject | 8628 |
to Chapter 133. of the Revised Code. The resolution authorizing | 8629 |
the issuance of the notes shall pledge the funds of the township | 8630 |
public improvement tax increment equivalent fund established | 8631 |
pursuant to section 5709.75 of the Revised Code to pay the | 8632 |
interest on and principal of the notes. The notes, which may | 8633 |
contain a clause permitting prepayment at the option of the board, | 8634 |
shall be offered for sale on the open market or given to the | 8635 |
vendor or contractor if no sale is made. | 8636 |
(G) The township, not later than fifteen days after the | 8637 |
adoption of a resolution under this section, shall submit to the | 8638 |
director of development a copy of the resolution. On or before the | 8639 |
thirty-first day of March of each year, the township shall submit | 8640 |
a status report to the director of development. The report shall | 8641 |
indicate, in the manner prescribed by the director, the progress | 8642 |
of the project during each year that the exemption remains in | 8643 |
effect, including a summary of the receipts from service payments | 8644 |
in lieu of taxes; expenditures of money from funds created under | 8645 |
section 5709.75 of the Revised Code; a description of the public | 8646 |
infrastructure improvements and housing renovations financed with | 8647 |
8648 | |
private investment resulting from each project. | 8649 |
(H) Nothing in this section shall be construed to prohibit a | 8650 |
board of township trustees from declaring to be a public purpose | 8651 |
improvements with respect to more than one parcel. | 8652 |
(I) A board of township trustees that adopted a resolution | 8653 |
under this section prior to July 21, 1994, may amend that | 8654 |
resolution to include any additional public infrastructure | 8655 |
improvement. A board of township trustees that seeks by | 8656 |
the amendment to utilize money from its township public | 8657 |
improvement tax increment equivalent fund for land acquisition in | 8658 |
aid of industry, commerce, distribution, or research, demolition | 8659 |
on private property, or stormwater and flood remediation projects | 8660 |
may do so provided that the board currently is a party to a | 8661 |
hold-harmless agreement with the board of education of the city, | 8662 |
local, or exempted village school district within the territory of | 8663 |
which are located the parcels that are subject to an exemption. | 8664 |
For the purposes of this division, a "hold-harmless agreement" | 8665 |
means an agreement under which the board of township trustees | 8666 |
agrees to compensate the school district for one hundred per cent | 8667 |
of the tax revenue that the school district would have received | 8668 |
from further improvements to parcels designated in the resolution | 8669 |
were it not for the exemption granted by the resolution. | 8670 |
Sec. 5735.27. (A) There is hereby created in the state | 8671 |
treasury the gasoline excise tax fund, which shall be distributed | 8672 |
in the following manner: | 8673 |
(1) The amount credited pursuant to divisions (B)(2)(a) and | 8674 |
(C)(2)(a) of section 5735.23 of the Revised Code shall be | 8675 |
distributed among municipal corporations. The amount paid to each | 8676 |
municipal corporation shall be that proportion of the amount to be | 8677 |
so distributed that the number of motor vehicles registered within | 8678 |
8679 | |
vehicles registered within all the municipal corporations of this | 8680 |
state during the preceding motor vehicle registration year. When a | 8681 |
new village is incorporated, the registrar of motor vehicles shall | 8682 |
determine from the applications on file in the bureau of motor | 8683 |
vehicles the number of motor vehicles located within the territory | 8684 |
comprising the village during the entire registration year in | 8685 |
which | 8686 |
registrar shall forthwith certify the number of motor vehicles so | 8687 |
determined to the tax commissioner for use in distributing motor | 8688 |
vehicle fuel tax funds to | 8689 |
is qualified to participate in the
distribution of | 8690 |
pursuant to this division. The number
of | 8691 |
registrations shall be determined by the official records of the | 8692 |
bureau of motor vehicles. The amount received by each municipal | 8693 |
corporation shall be used to plan, construct, reconstruct, repave, | 8694 |
widen, maintain, repair, clear, and clean public highways, roads, | 8695 |
and streets; to maintain and repair bridges and viaducts; to | 8696 |
purchase, erect, and maintain street and traffic signs and | 8697 |
markers; to pay the costs apportioned to the municipal corporation | 8698 |
under section 4907.47 of the Revised Code; to purchase, erect, and | 8699 |
maintain traffic lights and signals; to pay the principal, | 8700 |
interest, and charges on bonds and other obligations issued | 8701 |
pursuant to Chapter 133. of the Revised Code for the purpose of | 8702 |
acquiring or constructing roads, highways, bridges, or viaducts or | 8703 |
acquiring or making other highway improvements for which the | 8704 |
municipal corporation may issue bonds; and to supplement revenue | 8705 |
already available for | 8706 |
(2) The amount credited pursuant to division (B) of section | 8707 |
5735.26 of the Revised Code shall be distributed among the | 8708 |
municipal corporations within the state, in the proportion which | 8709 |
the number of motor vehicles registered within each municipal | 8710 |
corporation bears to the total number of motor vehicles registered | 8711 |
within all the municipal corporations of the state during the | 8712 |
preceding calendar year, as shown by the official records of the | 8713 |
bureau of motor vehicles, and shall be expended by each municipal | 8714 |
corporation to plan, construct, reconstruct, repave, widen, | 8715 |
maintain, repair, clear, and clean public highways, roads and | 8716 |
streets; to maintain and repair bridges and viaducts; to purchase, | 8717 |
erect, and maintain street and traffic signs and markers; to | 8718 |
purchase, erect, and maintain traffic lights and signals; to pay | 8719 |
costs apportioned to the municipal corporation under section | 8720 |
4907.47 of the Revised Code; to pay the principal, interest, and | 8721 |
charges on bonds and other obligations issued pursuant to Chapter | 8722 |
133. of the Revised Code for the purpose of acquiring or | 8723 |
constructing roads, highways, bridges, or viaducts or acquiring or | 8724 |
making other highway improvements for which the municipal | 8725 |
corporation may issue bonds; and to supplement revenue already | 8726 |
available for | 8727 |
(3) The amount credited pursuant to divisions (B)(2)(b) and | 8728 |
(C)(2)(c) of section 5735.23 of the Revised Code shall be paid in | 8729 |
equal proportions to the county treasurer of each county within | 8730 |
the state and shall be used only for the purposes of planning, | 8731 |
maintaining, and repairing the county system of public roads and | 8732 |
highways within | 8733 |
repair of walks or paths along county roads in congested areas; | 8734 |
the planning, construction, purchase, lease, and maintenance of | 8735 |
suitable buildings for the housing and repair of county road | 8736 |
machinery, housing of supplies, and housing of personnel | 8737 |
associated with the machinery and supplies; the payment of costs | 8738 |
apportioned to the county under section 4907.47 of the Revised | 8739 |
Code; the payment of principal, interest, and charges on bonds and | 8740 |
other obligations issued pursuant to Chapter 133. of the Revised | 8741 |
Code for the purpose of acquiring or constructing roads, highways, | 8742 |
bridges, or viaducts or acquiring or making other highway | 8743 |
improvements for which the board of county commissioners may issue | 8744 |
bonds under that chapter; and the purchase, installation, and | 8745 |
maintenance of traffic signal lights. | 8746 |
(4) The amount credited pursuant to division (C) of section | 8747 |
5735.26 of the Revised Code shall be paid in equal proportions to | 8748 |
the county treasurer of each county for the purposes of planning, | 8749 |
maintaining, constructing, widening, and reconstructing the county | 8750 |
system of public roads and highways; paying principal, interest, | 8751 |
and charges on bonds and other obligations issued pursuant to | 8752 |
Chapter 133. of the Revised Code for the purpose of acquiring or | 8753 |
constructing roads, highways, bridges, or viaducts or acquiring or | 8754 |
making other highway improvements for which the board of county | 8755 |
commissioners may
issue bonds under | 8756 |
costs apportioned to the county under section 4907.47 of the | 8757 |
Revised Code. | 8758 |
(5)(a) The amount credited pursuant to division (D) of | 8759 |
section 5735.26 and division (C)(2)(b) of section 5735.23 of the | 8760 |
Revised Code shall be divided in equal proportions among the | 8761 |
townships within the state. | 8762 |
(b) As used in division (A)(5)(b) of this section, the | 8763 |
"formula amount" for any township is the amount that would be | 8764 |
allocated to that township if fifty per cent of the amount | 8765 |
credited to townships pursuant to section 5735.291 of the Revised | 8766 |
Code were allocated among townships in the state proportionate to | 8767 |
the number of lane miles within the boundaries of the respective | 8768 |
townships, as determined annually by the department of | 8769 |
transportation, and the other fifty per cent of the amount | 8770 |
credited pursuant to section 5735.291 of the Revised Code were | 8771 |
allocated among townships in the state proportionate to the number | 8772 |
of motor vehicles registered within the respective townships, as | 8773 |
determined annually by the records of the bureau of motor | 8774 |
vehicles. | 8775 |
Beginning on August 15, 2003, the tax levied by section | 8776 |
5735.29 of the Revised Code shall be partially allocated to | 8777 |
provide funding for townships. Each township shall receive the | 8778 |
greater of the following two calculations: | 8779 |
(i) The total statewide amount credited to townships under | 8780 |
division (A) of section 5735.291 of the Revised Code divided by | 8781 |
the number of townships in the state at the time of the | 8782 |
calculation; | 8783 |
(ii) Seventy per cent of the formula amount for that | 8784 |
township. | 8785 |
(c) The total difference between the amount of money credited | 8786 |
to townships under division (A) of section 5735.291 of the Revised | 8787 |
Code and the total amount of money required to make all the | 8788 |
payments specified in division (A)(5)(b) of this section shall be | 8789 |
deducted, in accordance with division (B) of section 5735.291 of | 8790 |
the Revised Code, from the revenues resulting from the tax levied | 8791 |
pursuant to section 5735.29 of the Revised Code prior to crediting | 8792 |
portions of such revenues to counties, municipal corporations, and | 8793 |
the highway operating fund. | 8794 |
(d) All amounts credited pursuant to divisions (a) and (b) of | 8795 |
this section shall be paid to the county treasurer of each county | 8796 |
for the total amount payable to the townships within each of the | 8797 |
counties. The county treasurer shall pay to each township within | 8798 |
the county its proportional share of the funds, which shall be | 8799 |
expended by each township for the sole purpose of planning, | 8800 |
constructing, maintaining, widening, and reconstructing the public | 8801 |
roads and
highways within | 8802 |
apportioned to the township under section 4907.47 of the Revised | 8803 |
Code. | 8804 |
No part of the funds shall be used for any purpose except to | 8805 |
pay in whole or part the contract price of any such work done by | 8806 |
contract, or to pay the cost of labor in planning, constructing, | 8807 |
widening, and reconstructing such roads and highways, and the cost | 8808 |
of materials forming a part of the
improvement; provided | 8809 |
8810 | |
equipment and for the planning, construction, and maintenance of | 8811 |
suitable buildings for housing road machinery and equipment, and | 8812 |
that all such improvement of roads shall be under supervision and | 8813 |
direction of the county engineer as provided in section 5575.07 of | 8814 |
the Revised Code. No
obligation against | 8815 |
incurred unless plans and
specifications for | 8816 |
approved by the county engineer, are on file in the office of the | 8817 |
township | 8818 |
for work done by contract shall be approved by the county engineer | 8819 |
before being signed by the board of township trustees. The board | 8820 |
of township trustees of any township may pass a resolution | 8821 |
permitting the board of county
commissioners to expend | 8822 |
township's share of the funds, or
any portion | 8823 |
the improvement of | 8824 |
designated in the resolution. | 8825 |
All investment earnings of the fund shall be credited to the | 8826 |
fund. | 8827 |
(B) Amounts credited to the highway operating fund pursuant | 8828 |
to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23 and | 8829 |
division (A) of section 5735.26 of the Revised Code shall be | 8830 |
expended in the following manner: | 8831 |
(1) The amount credited pursuant to divisions (B)(2)(c) and | 8832 |
(C)(2)(d) of section 5735.23 of the Revised Code shall be | 8833 |
apportioned to and expended by the department of transportation | 8834 |
for the purposes of planning, maintaining, repairing, and keeping | 8835 |
in passable condition for travel the roads and highways of the | 8836 |
state required by law to be maintained by the department; paying | 8837 |
the costs apportioned to the state under section 4907.47 of the | 8838 |
Revised Code; paying that portion of the construction cost of a | 8839 |
highway project which a county, township, or municipal corporation | 8840 |
normally would be required to pay, but which the director of | 8841 |
transportation, pursuant to division (B) of section 5531.08 of the | 8842 |
Revised Code, determines instead will be paid from moneys in the | 8843 |
highway operating fund; and paying the costs of the department of | 8844 |
public safety in administering and enforcing the state law | 8845 |
relating to the registration and operation of motor vehicles. | 8846 |
(2) The amount credited pursuant to division (A) of section | 8847 |
5735.26 of the Revised Code shall be used for paying the state's | 8848 |
share of the cost of planning, constructing, widening, | 8849 |
maintaining, and reconstructing the state highways; paying that | 8850 |
portion of the construction cost of a highway project which a | 8851 |
county, township, or municipal corporation normally would be | 8852 |
required to pay, but which the director of transportation, | 8853 |
pursuant to division (B) of section 5531.08 of the Revised Code, | 8854 |
determines instead will be paid from moneys in the highway | 8855 |
operating fund; and also for supplying the state's share of the | 8856 |
cost of eliminating railway grade crossings upon such highways and | 8857 |
costs apportioned to the state under section 4907.47 of the | 8858 |
Revised Code. The director of transportation may expend portions | 8859 |
of such amount upon extensions of state highways within municipal | 8860 |
corporations or upon portions of state highways within municipal | 8861 |
corporations, as is provided by law. | 8862 |
Sec. 5747.061. (A) As used in this section: | 8863 |
(1) "State agency" means the general assembly, all courts, | 8864 |
any department, division, institution, board, commission, | 8865 |
authority, bureau, or other instrumentality of the state. | 8866 |
(2) "Political subdivision" means a county, municipal | 8867 |
corporation, township, school district, or other body corporate | 8868 |
and politic responsible for governmental activities in a | 8869 |
geographic area smaller than that of the state. | 8870 |
(3) "Legislative authority" means the board of county | 8871 |
commissioners, the legislative authority of a municipal | 8872 |
corporation, the board of township trustees, the board of | 8873 |
education, or the board, council, commission, or other governing | 8874 |
body of any other political subdivision. | 8875 |
(4) "Fiscal officer" means the county auditor, the treasurer | 8876 |
of the municipal corporation, the clerk-treasurer of a village, or | 8877 |
the officer
| 8878 |
the treasurer or clerk-treasurer, the township
| 8879 |
officer, the treasurer of the board of education, or, in the case | 8880 |
of any state agency or other subdivision, the officer or person | 8881 |
responsible for deducting and withholding from the compensation | 8882 |
paid to an employee who is a taxpayer the amount of tax required | 8883 |
to be withheld by section 5747.06 of the Revised Code. | 8884 |
(B)(1) The director or other chief administrator of any state | 8885 |
agency, in accordance with rules adopted by the department of | 8886 |
administrative services, may direct its fiscal officer to deduct | 8887 |
and withhold from the compensation paid to an employee who is a | 8888 |
resident of a state with which the commissioner has entered into | 8889 |
an agreement under division (A)(3) of section 5747.05 of the | 8890 |
Revised Code, a tax computed in such a manner as to result, as far | 8891 |
as practicable, in withholding from the compensation of the | 8892 |
employee during each calendar year an amount substantially | 8893 |
equivalent to the tax reasonably estimated to be due under the | 8894 |
income tax laws of the state of residence of the employee with | 8895 |
respect to the amount of such compensation included in gross | 8896 |
income during the calendar year under those laws. | 8897 |
(2) The legislative authority of a political subdivision may | 8898 |
adopt a rule, ordinance, or resolution requiring the fiscal | 8899 |
officer of the political subdivision to deduct and withhold from | 8900 |
the compensation paid to an employee who is a resident of a state | 8901 |
with which the tax commissioner has entered into an agreement | 8902 |
under division (A)(3) of section 5747.05 of the Revised Code, a | 8903 |
tax computed in such a manner as to result, as far as practicable, | 8904 |
in withholding from the compensation of the employee during each | 8905 |
calendar year an amount substantially equivalent to the tax | 8906 |
reasonably estimated to be due under the income tax laws of the | 8907 |
state of residence of the employee with respect to the amount of | 8908 |
such compensation included in gross income during the calendar | 8909 |
year under those laws. | 8910 |
(3) Upon direction of the director or other chief | 8911 |
administrator of a state agency, or adoption of a rule, ordinance, | 8912 |
or resolution by a political subdivision under this division, the | 8913 |
fiscal officer shall obtain from the official responsible for | 8914 |
administering the income tax laws of the state of residence of the | 8915 |
employee, information necessary to enable
| 8916 |
to withhold the proper amount of tax from the compensation of the | 8917 |
employee for the calendar year. | 8918 |
(C) A fiscal officer who deducts and withholds tax from the | 8919 |
compensation of a nonresident employee shall file a withholding | 8920 |
return or other report and pay the full amount of the tax deducted | 8921 |
and withheld as required by the income tax laws of the state of | 8922 |
residence of the employee. | 8923 |
(D) A fiscal officer who deducts and withholds tax from the | 8924 |
compensation of a nonresident employee shall furnish to that | 8925 |
employee and to the official who is responsible for administering | 8926 |
the income tax laws of the state of residence of the employee, a | 8927 |
written statement showing the amount of compensation paid to the | 8928 |
employee and the amount deducted and withheld from the | 8929 |
compensation of the employee during the calendar year. The | 8930 |
statement shall be furnished on or before the last day of January | 8931 |
of the succeeding year, except that, with respect to an employee | 8932 |
whose employment is terminated, the statement for the calendar | 8933 |
year in which the last payment of compensation is made shall be | 8934 |
furnished within thirty days from the date the last payment of | 8935 |
compensation is made. | 8936 |
Section 2. That existing sections 111.21, 111.22, 117.44, | 8937 |
133.01, 133.27, 149.42, 301.01, 306.32, 306.321, 319.51, 321.31, | 8938 |
321.32, 321.34, 345.01, 503.162, 503.25, 503.26, 503.29, 503.41, | 8939 |
503.52, 504.06, 504.07, 504.11, 504.12, 504.14, 504.19, 504.20, | 8940 |
505.03, 505.04, 505.07, 505.108, 505.11, 505.17, 505.24, 505.262, | 8941 |
505.31, 505.32, 505.33, 505.35, 505.37, 505.373, 505.47, 505.511, | 8942 |
505.73, 505.86, 507.01, 507.02, 507.021, 507.03, 507.04, 507.05, | 8943 |
507.051, 507.06, 507.07, 507.08, 507.09, 507.11, 509.02, 511.21, | 8944 |
511.22, 511.33, 513.04, 515.02, 515.04, 515.081, 515.12, 517.05, | 8945 |
517.06, 517.07, 519.12, 519.16, 519.161, 519.211, 521.02, 521.03, | 8946 |
703.201, 707.28, 709.023, 709.024, 709.03, 709.033, 709.46, | 8947 |
711.05, 711.10, 715.691, 715.70, 715.71, 715.75, 715.76, 971.05, | 8948 |
971.06, 971.08, 971.09, 971.12, 971.35, 971.36, 1341.16, 1533.13, | 8949 |
1710.02, 2927.21, 3381.03, 3501.37, 3513.253, 3517.10, 3709.30, | 8950 |
3734.025, 3734.026, 3734.57, 4301.80, 4303.26, 4928.20, 4929.26, | 8951 |
4929.27, 5123.19, 5126.021, 5541.02, 5543.05, 5552.10, 5571.04, | 8952 |
5571.16, 5573.13, 5573.211, 5575.04, 5575.09, 5579.08, 5705.01, | 8953 |
5709.73, 5735.27, and 5747.061 of the Revised Code are hereby | 8954 |
repealed. | 8955 |
Section 3. Section 711.10 of the Revised Code is presented in | 8956 |
this act as a composite of the section as amended by both Sub. | 8957 |
H.B. 231 and Sub. S.B. 115 of the 125th General Assembly. Section | 8958 |
715.70 of the Revised Code is presented in this act as a composite | 8959 |
of the section as amended by both Sub. H.B. 434 and Am. Sub. S.B. | 8960 |
201 of the 122nd General Assembly. The General Assembly, applying | 8961 |
the principle stated in division (B) of section 1.52 of the | 8962 |
Revised Code that amendments are to be harmonized if reasonably | 8963 |
capable of simultaneous operation, finds that the composites are | 8964 |
the resulting versions of the sections in effect prior to the | 8965 |
effective date of the sections as presented in this act. | 8966 |